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1995-06-06CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA Agenda June 6, 1995 - 7:30 P.M. - 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of May 2(*) (Available Monday) and May 16 Minutes 5. Consent Calendar a. Acknowledgment of the May 9th Parks and Recreation Commission Minutes. b. Acknowledgment of the May 10th Airport Relations Commission Minutes (Available Tuesday). � c. Acknowledgment of the May 23rd Planning Commission Minutes. d. Acknowledgment of the Building Activity Report for May. � e. Approval to Hire Probationary Peace Officer. f. Approval to Hire Part-Time Summer Helpers for the Parks Department and Street Department. g. Approval of Proposed Window Installation at Lloyds Food Products, Inc. - 1455 Mendota Heights Road. h. Approval to Forward City Comments to the County for their Consideration for inclusion with their Capital Improvement Plan for 1996-2000. i. Approval of the List of Contractors. j. Approval of the List of Claims.� � ** k. Approval of Landscape Improvements to Ivy Park and North Kensington Park. End of Consent Calendar � 6. Public Comments 7. Presentation a. Eagle Scout Presentation - Josh Sokol. 8. Hearings: a. b. c. d. Mendata Liquor - New Liquor License (Open Hearing and Receive Public Comments Qniy} - Formal Action #o be taken on June 20, 1995. Courtyard by Marriatt - Renewal Qn-Sa[e Limited Service Hotei and Motel and Special Sunday On-Sale Liquor. Somerset Gountry Club - Renewal Club On-Sale Liquor License. Mendakota Country Club - Renewal Club On-Sale Liquor License. 9. Bid Awards• a. b. c. d. Resurfacing of Police Parking Garage Flaor. Resurfacing of Tennis Courts and Basketball Court. 1995 Seal Coating Project. Mendota Meadows - Sewers, Waters, Streets - RESCILUTION NO. 95-23 10. Unfinished and New Business ,- a. Case Na 95-08: King - GUP for Detached Garage Varia�ce for Rear Yard , Side Yard and Heights - RESQLUTION NO. 95-24 Case No. 95-03: Heaver - Subdivision Case No. 95-02: City of Mendota Heights - Fire Code in Industrial District - Zoning Ordinance Amendment - ORDENANGE N4. 304 Review of Draft Agreement for Paster Redevelopment. Discuss MCTO Transit Service to the City of Mendota Neights. Discuss Adop#ion of Juvenile Curfew Ordinance - C1RDtNANCE NC�. 345 Update on Water Tawer Painting/Sprinkling Ban Exemp#ions Requests and Sprinkler Ban Exemption for Mendakota and Kensington Park. Discuss Conservation Status for Tax Forfeit Properties. . ' M. 11. Councit Camments 12. Adjourn Auxiliary aids for disabled persons are available upon request at least 120 haurs �n advance. i# a notice of less than 120 hours is received, #he City of Mendota Heights will make every attempt to provide the aids, however, this may nat be possible an short notice. Please contact City Administration at 452-1850 with requests. � r CITY OF MENDOTA HEIGHTS MEMO June 5, 1995 TO: Mayor and City Council FROM: Tom Lawell, City Administrator SUBJECT: Add On Agenda for June 6th Council Meeting Information as originally indicated as Available Monday is attached (Item numbers 4) (*). Item 5b. will be submitted Tuesday night. More detailed information regarding Item 10d. is being submitted for your review (*'*). One new item is being added to the Consent Calendar as Item 5k (��*�. Additional information is being submitted for items 10b and 10 h(**'�'�). 3. Agenda Adoption f It is recommended that Council adopt the revised agenda printed on yellow paper. 4. Approval of May 2, 1995 Minutes. Please see attached minutes. 5k. Approval of Landscape Improvements to Ivy Park and North Kensington Park. Please see attached memo. 10b. Case No. 95-03: Heaver - Subdivision. Please find attached a copy of a petition which was inadvertently left out of Friday's packet. . � 10h. Discuss Conservation Status for Tax Forfeit Properties. Please find attached a copy a site plan indicating the location of the proposed ballfields. 10d. Review of Draft Agreement for Paster Development. The attached Draft Agreement for Paster Development was sent via messenger late Friday. This information is more detailed. MTL:kkb . . � b � 1. Call to Order 2. Roll Cail 3. Agenda Adoption CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA Agenda June 6, 1995 - 7:30 P.M. , 4. Approval of May 2(Available Monday) and May 16 Minutes 5. Consent Calendar a. Acknowledgment of the May 9th Parks and Recreation Commission Minutes. b. Acknowledgment of the May 10th Airport Relations Commission Minutes (Available Monday). c. Acknowledgment of the May 23rd Planning Commission Minutes. d. Acknowledgment of the Building Activity Report for May. ' e. Approval to Hire Probationary Peace Officer. � f. Approval to Hire Part-Time Summer Helpers for the Parks Department and Street Department. g. Approval of Proposed Window Installation at Lloyds Food Products, Inc. � - 1455 Mendota Heights Road. h. Approval to Forward City Comments to the County for their . Consideration for inclusion with their Capital Improvement Plan for � 1996-2000. i. Approval of the List of Contractors. � � j. Approval of the List of Claims. End of Consent Calendar 6. Public Comments 7. Presentation a. Eagle Scout Presentation - Josh Sokol. d � 8. Hearings: a. Mendota Liquor - New Liquor License (Open Hearing and Receive Public Comments Only) - Formal Action to be taken on June 20, 1995. b. . Courtyard by Marriott - Renewal On-Sale Limited Service Hotel and Motel and Special Sunday On-Sale Liquor. . c. Somerset Country Club - Renewal Club On-Sale Liquor License. d. Mendakota' Country Club - Renewal Club On-Sale Liquor License. 9. Bid Awards: a. Resurfacing of Police Parking Garage Floor. b. Resurfacing of Tennis Courts and Basketball Court. c. 1995 Seal Coating Project. d. Mendota Meadows - Sewers, Waters, Streets - RESOLUTION NO. 95-23 10. Unfinished and New Business a. Case No. 95-08: King - CUP for Detached Garage Variance for Rear Yard , Side Yard and Heights - RESOLUTION NO. 95-24 b. Case No. 95-03: Heaver - Subdivision c. Case No. 95-02: City of Mendota Heights - Fire Code in Industrial District - Zoning Ordinance Amendment - ORDINANCE NO. 304 . d. Review of Draft Agreement for Paster Redevelopment.� e. Discuss MCTO Transit Service to the City of Mendota Heights. f. Discuss Adoption of Juvenile Curfew Ordinance - ORDINANCE NO. 305 g. Update on Water Tower Painting/Sprinkling Ban Exemptions Requests and Sprinkler Ban Exemption for Mendakota and Kensington Park. h. Discuss Conservation Status for Tax Forfeit Properties. _ � t 11. Council Comments - 12. Adjourn Auxiliary aids for disabled persons are availabie upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short.notice. Please contact City Administration at 452-1850 with requests. Page No. 4376 May 2, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesda.y, May 2, 1995 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota. Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeti.ng to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, and Smith. Councilmember Krebsbach had notified Council that she would be absent. AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Councilmember Smith moved approval of the minutes of the April 18, 1995 regular meeting. Councilmember Koch seconded the motion. Councilmember Koch moved approval of the consent calendar for the meeting along with authorization for execution of any necessary doCuments contained therein. a. Acknowledgment of the Code Enforcement monthly report for April. b. Acknowledgment of the Fire Department monthly report for Mazch. c. Acknowledgment of the minutes of the Apri125, 1995 Planning Commission meeti.ng. d. Acknowledgment of the minutes of the April 12, 1995 Airport Relations Commission meeting. e. Adoption of Resolution No. 95-22, "RESOLLTTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE MENDOTA MEADOWS (IMPROVEMENT NO. 95, PROJECT NO. 1)," and approving the issuance of a check in the amount of $9,452.00 Page No. 4377 May 2, 1995 to NSP Company for insta�lation of street lights and buried wiring. f. Approval to advertise for bids for 1995 seal coating. g. Authorization to hire three temporary summer employees in � accordance with Public Works Superintendent Olund's memo dated Apri125, 1995. _ h. Approval of the conservation classification for tax forfeit Lot 2, Willow Springs Addition, and direction to staff to review forfeited lots in the Centre Pointe Addition for possible temporary ballfield use. i. Approval to reschedule the start of the May 16 meeting to 8:00 p.m. j. Approval to hire Anthony Fotsch as a temporary summer outside field worker for engineering on a part-time, as needed basis, from May 20 through September 15, 1995, for an hourly wage of $9.50 without benefits. k. Direction to the Police Department to perform an investigation on an application from Mendota. Golf, Inc. for an on-sale non- intoxicating 3.2 malt beverage license. 1. Approval of the list of contractor licenses dated May 2, 1995 and attached hereto. m. Approval of the list of claims dated and totaling $434,640.62. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 ARBOR MONTH Council aclaiowledged a memo from Administrative Assistant Batchelder regazding Arbor Month. Mayor Mertensotto read a proposed proclamation for Council and the audience. He also thanked the Mendota. Heights Gazden Club for its generosity in . donating Red Splendor Crab trees which have been planted at City Hall over the past four years and for its offer to donate another tree in 1995. Councilmember Huber moved to adopt a"PROCLAMATION ACKNOWLEDGING TI� MONTH OF MAY, 1995 AS ARBOR Page No. 4378 May 2, 1995 MONTH." Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 DAKOTA ALLIANCE FOR Council acknowledged a memo from Administrator Lawell PREVENTION regarding the Dakota Alliance for Prevention (DAP) and - recommending the reappointment of Mr. Bill Payne, 605 Hampshire Drive, as the city's representative on DAP. Mr. Payne and Ms. Jane , Palumbo, President of DAP, were present for the discussion. Ms. Palumbo gave Council and the audience a history of DAP and reviewed graphics on the DAP vision and goals and a summary of its needs assessment. Mayor asked if it would be per�nissible for a city to have the owner of a facility selling or serving alcohol to make it a condition of a license to that the owner must provide a written statement that he will require ideniification from all individuals who appear to be under 21 years of age. Ms. Palumbo responded that the city could certainly make the requirement and stated that she will provide the city with some sample policies for both alcohol and tobacco. Mr. Payne reviewed data available regarding the estimated costs associated with alcohol and drug abuse. He discussed DAP efforts, projects and its procedures to reduce those costs and reviewed the benefits of DAP to the city. Mayor Mertensotto thanked Ms. Palumbo and Mr. Payne for their efforts. Councilmember Smith moved to nominate Mr. Bill Payne, 605 Hampshire Drive, to serve as the city's representative on the Dakota Alliance for Prevention for a one year term beginning July 1, 1995. - Councilmember Koch seconded the motion, Ayes: 4 Nays: 0 ST. THOMAS ACADEMY Council acknowledged an application from St. Thomas Academy DUGOLJTS for a conditional use permit and setback variance to build baseball dugouts at the vazsity baseball field, along with an associated report � from Assistant Batchelder. Mr. Jack Zahr, Athletic Director for St. Thomas, stated that the Academy is seeking approval for two pre-cast concrete dugouts along the first and third base lines to make the fields safer and to present a first class facility for Academy teams, those they compete with and other teams in the community which use the fields. He Page No. 4379 May 2, 1995 explained that the school will also provide secure storage for its teams and for Mendota. Heights Athletic Association equipment. He reviewed drawings for Council and the audience and stated that the school has agreed to extend the existing net to the far end of the dugout at the request of Patterson Dental, which has submitted a letter of support for the project. � Mayor Mertensotto sta.ted that Coun il does not want to get involved in the liability issue between the Ac demy and Patterson Dental and will not get involved in the height o utility of the net. He further sta.ted that currently the ballfield fence is five feet onto the Patterson property and the school has indicated its nine foot fences for the dugou � will be one foot onto the school property. ��, v9.��- Mr. Zahr confirmed �ence will be on school property. Mayor Mertensotto stated that the city is not involved in the property lien dispute between the school and Patterson and the city's planning consultant had recommended that the school should work something out with Patterson regazding planting of an evergreen buffer behind the dugout. He pointed out that slab for the dug-outs are already in. Mr. Zahr responded that the slab has existed for several yeazs. Mayor Mertensotto stated that the recommendation of the Planning Commission was that Council deny the conditional use permit request and the problem is that when St. Thomas built the facility it was stated that rezoning was not necessary. The athletic complex is in an R 1 zone which creates a problem for the city. He stated that although the school is a permitted use, there aze several other ordinance provisions relating to subdivision of property, etc., including accessory structures. He noted that even though the St. Thomas property is a 50 acre site, the underlying zoning is really non-conforming and Council only generally grants variances for hardship. He asked whether the school is going to have an over-all plan for the complex. Mr. Zahr responded that a complete facility plan for the school should be finished in June and he will be happy to share it with the city. Mayor Mertensotto stated that he would suggest that the Academy submit that plan to Council for review to avoid future problems. He stated that Council has been granting variances to the school as a matter of course. He informed Mr. Zahr that the other question is Page No. 4380 May 2, 1995 his letter to Patterson Dental regarding accessory structure variances, stating that the city does not have any applications on file for variances for accessory structures and that the accessory structures exceed the ordinance size because each of the dugouts exceeds 300 feet. He asked if there would be any problem if Council grants the application tonight and then the school submits an application for variances.from the ordinance. He pointed out that the city must have on record that there is an application pending for the variances and also for the fence and setback. He stated tha coul Council t a conditional use pemut for the accessory structures tonight conditioned upon submission of an application for variance, with no additional fee, for the fence with the understanding that the applicant knows that Council is always faced with the dilemma that the school is in the residential zoning district. He pointed out that Council may request in the future that the athletic complex be put into a different zoning classification so that problems which have been experienced can be avoided. Councilmember Koch moved to approve a conditional use pernut for baseball dugouts a.nd vaziances to the number and squaze foota.ge of accessory structures and one foot setback from the property line conditioned that the applicant file with the city an application for the variances at no additional fee. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 CASE NO. 91-36, KING Council acknowledged a memo from Assistant Batchelder regazding a request from Mr. & Mrs. Lawrence King, 5 Beebe Avenue, for a determination if the conditional use permit and variances granted in 1991 are still valid. Mayor Mertensotto briefly reviewed the history of the application and informed Mrs. King, who was present for the discussion, that conditional use permits are void after six months and variances aze void after one year unless they are made use of within that time. He pointed out that one of the problems is the height of the proposed garage structure. He stated that the Kings would not have to pay an additional application fee but that the application should be updated and reviewed by the Planning Commission. BRIDGEVIEW SHORES Council acknowledged an update from Public Works Director TRAIL Danielson regarding the Bridgeview Shores trail and staff's contact with the contractor regarding delay of construction of the trail to fall. Mayor Mertensotto asked if the Dodd/Mendota Heights signal project has been completed. Page No. 4381 May 2, 1995 Public Works Director Danielson responded that the punch list has not yet been completed. Mayor Mertensotto responded that the verbal response from the contractor is not sufficient commitment because if they come along in the fall and say they are not going to honor their statement because the city retumed the bid bond. He sta.ted that the city should have an agreement where it could return the bid bond and retainer in exchange for construction the trail at the stated price in the fall of 1995. He stated that if the contractor is willing to install the trail at the bid price, they should be willing to sign an agreement and if not, a letter from them will do no good. Public Works Director Danielson stated that he will attempt to get a new agreement. CASE NO. 95-03, HEAVER Council aclaiowledged an application from Mr. Keith Heaver for subdivision and variance for a proposed 191ot subdivision to be located at Knollwood and Clement. Council also acknowledged associated staff reports and communications from neighboring property owners., Mr. Heaver stated that he received a recommendation from the Planning Commission for the 191ot development but through the concerns of the neighbors and some of the Commission members, he looked at it again and reduced the number of lots to 18. He felt this improved several issues of concern dramatically. He informed Council that there were three proposed lots along Clement, and these have been reduced to two and the cul de sac has been moved 15 feet to the east which allov�ed him to increase the lot widths on the north and south sides of the street. He explained that the average lot size is now 17,560, almost 20% greater than is required by ordinance. He stated that the average lot fronta.ge is 115 feet, ranging from 105 to 145 feet in width. He stated that the other recommendation of the Commission was with respect to the Cherry Hills neighbors' concern about trees. He stated that he proposes some additional landscaping and a two foot high berm and also some additional landscaping on ivy Lane. He explained that the city engineer has recommended narrowing Ivy Lane to 24 feet to save some very large trees. Responding to a question from Mayor Mertensotto regazding park contribution, Mr. Heaver stated that the Park Commission recommended a walking path from Clement to the end of the cul-de- sac and he has agreed to give the city a ten foot wide easement and pay for an 8 foot wide path for about 260 feet. Page No. 4382 May 2, 1995 Mayor Mertensotto pointed out that the city has the discretion to require 10% of the raw land or cash and Mr. Heaver should realize there is no park in the immediate area. Mr. Heaver responded that when he first met with the city planner, he understood that the city was not looking form more pazk land. Mayor Mertensotto responded that currently there is no park land other than going to the Ivy Falls Pazk or Wentworth Pazk, which aze the closest facilities to the subdivision, which is a concern. He sta.ted that Council still has the option to require land or to adopt the Park Commission recommendation for a trail. He stated that the original application included variances along Clement and asked if the application is being amended now that the number of lots has been reduced. Mr. Heaver responded that the variances along Clement have been eliminated. He informed Council that the existing Logan and Hughes homes aze not new homesteads and are not being counted in the avera.ge lot sizes for the plat. Mayor Mertensotto stated that the street layout is for a cul-de-sac from Ivy Lane and asked if it is Mr. Heaver's understanding that Ivy Lane will not be built as part of this project. Mr. Heaver responded that Ivy Lane will be built as part of the project and that he did look at mm��g Knollwood through to Clement but that would bring direct traffic from Dodd out to Emerson. Responding to questions from the Mayor, he stated that the grade elevation is 20 to 30 feet higher and he does not know if it would be physically possible to connect First Avenue with Knollwood, and there is a similar grade change problem to connect to Medora. - Mayor Mertensotto stated that he raised the issues because traffic patterns are a legitimate concern to the city in terms of safety. Mr. Paul McGinley, surveyor for the project, reviewed changes made to the plan since the Planning Commission review, including the redesigning of the berm across the back of Lots 17 and 18, the provision of pine trees in the Cherry Hills addition outside the new plat to help screen the adjoining homes from the Ivy Lane street which will be built. Responding to a question on drainage, Mr. McGinley stated that the Planner's report seemed to indicate that all the drainage would collect on Lot 16, which is not correct. He stated that all the lots to the north drain to the street and the storm sewer. Page No. 4383 May 2, 1995 Lots 14 to 16 will drain down through t�ose yards and be collected in a storm sewer inlet. He stated that what the planner was referring to is that Lot 16 will be the lot point and that is where the inlet will collect the water. Regarding retaining walls, he stated that one will be on Mrs. Logan's property so that she can continue to use her yard and garden, and the easterly segment will be on Lot 7, He stated that the upper wall will be her responsibility to maintain, and the part on Lot 7 will be the responsibility of the owner of that lot. He explained that the wa11s will be engineered by a retaining wall designer. Mayor Mertensotto asked how the prospective owner of Lot 7 will be alerted to the fact that he will be responsible for maintenance of the wall. He pointed out that in the future something could happen to the wall a.nd Council wants to avoid the possibility of having others in the neighborhood say a drainage problem should be corrected. - Mr. Heaver responded that he does not think it would be any different than any retaining walls that he has built in other lots in the city. Mayor Mertensotto asked if Mr. Heaver has a retaining wall that will be holding back as much soil as in this case - the planner's report indicated there is as much as a 50 foot drop in some cases. Mr: Heaver responded that he is looking at from a 2 to 4 foot retaining wall and that there will be extensive grading. Mayor Mertensotto asked how a future owner would.laiow he must undertake the responsibility for the wall - the other home owners have the right to tell him to fix it if there is a drainage problem in the future. � Mr. Heaver responded that the reason for the second wa11 is that he is hying to level out from 20 to 30 feet of flat azea behind four lots and the design of some of the homes could be changes to split level, etc. ' Councilmember Huber stated that Council needs to lrnow what Mr. Heaver is going to do, particularly if he is talking about a wall affecting several lots. Mr. Heaver responded that he could present something to the city staff for approval. Page No. 4384 May 2, 1995 Councilmember Koch stated that she is not sure what Council is trying to get at. She stated that it appears that what Mr. Heaver has prevented is for the ultimate circumstance and if in the designing of the home a buyer says he wants a different design the reta.ining wall could be eliminate. Mayor Mertensotto pointed out that Council had a problem with a grading plan which did not address the amount of fill that was brought in and if Mr. Heaver is going to move 400 cubic yards Council will have to know that in advance. He explained that this is what he is trying to address. Mr. Jeff Shoph stated that he designed the grading plan and home elevations and two foot contours are shown on the entire plan and in order to retain Mrs. Logan's usability of her lot it is proposed that the retaining wall be built along her lot. If the other three lots aze not adjusted, a short retaining wall will be needed, and if he can reduce or eliminate that wall he will. He stated that the slope is 3:1, which is the city standard, and there is no slope stability problem. He explained that information on grading quantities has been submitted and that he is trying to achieve a balance so that he will not haul dirt in or out of the site. He stated that there are some adjustments that aze always made between preliminary and final design based on city comments, and he has done a plan in detail that he laiows will work. He explained that there is about 35,000 to 40,000 cubic yazds of dirt that will be moved on the site. . Mr. Heaver showed pictures of the Victoria Highlands townhome development, which has a 3:1 slope from the townhouses to the residential building sites. Mayor Mertensotto stated that Lots 17-19 will be looking down on lots on Cherry Hill Road and asked what the grade is from Ivy Lane to the cul-de-sac. Mr. Shoph responded that the road and cul de sac will be put at close to the existing grade and there is a low spot by Lots 4 and 5 and a 6% grade for a short distance with a 3% grade at the end. Responding to a question about driveways, he stated that gazages for Lots 5-7 and 14-16 are above the street and there is about a four foot grade from the street and the housing will be terraced. Councilmember Smith asked what the difference is in the height of the building pad between the south side of Knollwood Lane and the house on Cherry Hill Road. Page No. 4385 May 2, 1995 Mr. Shoph responded that it is about 3' from the walk out elevation and about 7 feet on the next lot. Councilmember Smith commented that the homes in Cherry Hills would be looking at 3 stories if the new homes are walk-outs. Mr. Tom Kraus, 1440 Cherry Hill Road, stated that the Planning Commission expressed concerns about water problems and too much traffic for the azea and that he was also concemed that there aze too many lots for the azea. He stated that in spite of the concems, the commission recommended approval because the plan met the minimum requirements of the ordinance. He did not believe the reduction of one lot is a significant improvement and stated that nine of the lots were 16,000 square feet in size before and now 8 aze less than 16,000 squaze feet. He stated that eleven lots in the current proposal aze actually less footage than the 191ot proposal. He estimated a 40 to 50 foot drop in grade from Mrs. Logan's property to his property and wa.s concerned that to meet the minimum requirements of the ordi.nance is not good enough for the azea. He felt that the lots are much smaller than ivy Falls West and because of the grading he thought there could be a possible erosion problem in the early sta.ges of the project. He explained that Mr. Heaver has agreed to berm and try to save trees and has made concessions but he was not convinced that Mr. Heaver has done enough. He stated that no alternatives have been proposed for traffic and that he was concerned about who would maintain the retaining walls in the future. He stated that the city is responsible for protecting the neighborhood, and there is no drainage problem now. He state that the city code mentions a median shucture height of 20 feet, which would mean a 35 foot high roof which would be overpowering to him. He further stated that Mr. Heaver has indicted a desire to build mixed housing, including ramblers, which would help. He felt that there should be fifteen foot sideyards, and that while he believes the owner is entitled to develop the land he would have no problem with 161ots. He asked that Council be completely satisfied that Mr. Heaver has answered all questions on pertinent issues before malcing a decision. Mr. Preston Smith, 1416 Cherry Hill Road, stated that the biggest single concern that all the neighbors share is that the proposal would be a significant change in the character of the neighborhood. He stated that Mr. Heaver estimates a lot price of $90,000 and $350,000 to $500,000 homes, whereas the existing homes are valued at $150,000 including the lots. He sta.ted that homes in his neighborhood are on 125 foot lots and average 60 feet wide and the proposed subdivision will have a 4:1 ra.tio of home to space, wluch Page No. 4386 May 2, 1995 is out of character with the neighborhood. The terrain will have to be leveled to create the lots, and the high lots will be lowered and the low lots will be raised, which means that the lots near Cherry Hills will be raised and the elevation of the houses will be significantly higher than those on Cherry Hills Roaci. He stated that many of the houses will be above and looking down on Cherry Hills. Ms. Jan Whitney, 1432 Cherry Hill Road, expressed two concerns, over density and traffic and the safety of the neighborhood children. Mr. Bill Frank stated was concerned over the type of soil in the area. He stated that Logan Hill is mostly grass and keeps the water from flowing down but when homes aze built they will add water and will not keep the water from flowing down. He felt that the large roofs draining to the ground will create a real problem and noted that the soil in the area is blue and red clay and has almost no percolation. Mr. Shoph responded stated that soil samples were taken three to four feet down. He stated those lots on the upper part of the site aze more sand and gravel and at the lower portion they do turn into clay or silty soils. He explained that the soil on the bottom of the site will be filled to provide more granulaz material for the housing pads. Mr. Les Novak, Knollwood Lane, stated that he has a 1/2 acre lot as do his neighbors and most lots in ivy Falls West and Ivy Falls West II are 1/2 acre lots and the proposed plat is being developed as another addition to Ivy Falls. He stated that Mr. Heaver builds nice homes but in this case even wit the change in the plat to reduce the number of lots he is hying to squeeze too many lots on the pazcel, which is not what is best for the neighborhood. He stated that no one is opposed to developing the property but something in keeping with the neighborhood is what should be done. He felt that 161ots would make it more in keeping with what exists and would not dramatically affect the overall development. Mayor Mertensotto stated that Council is concerned about traffic patterns, etc., and the affect on the older adjoining neighborhoods. He stated that a developer, by using a cul de sac, does not want to identify with those other developments but rather with Knollwood Lane to the west where they have 1/2 acre lots. He explained that where there is infill development it is hazd to put in a buffer, and from what Mr. Heaver has been building, he is looking at large homes, which does impact on a small parcel. Mr. Arlen Logren, Mrs. Logan's son-in-law, stated that he would like to discuss the items which are not true. He stated that this is a development by the Hughes family and Mrs. Logan, who has been a Page No. 4387 May 2, 1995 resident for 39 years and has owned the land for 30 years. He explained that she and her husband purchased the land many years ago and when he died in 1983, she has since been approached many times to develop the property. She did not have to develop it then and liked open property around her, which benefited fhe neighbors, and she has paid taxes on the property for many yeazs. He stated that Mrs. Logan researched seven developers for the properly before deciding on Mr. Heaver, and he encouraged Council to read their letter from Mrs. Logan which give the reasons she chose Mr. Heaver. He stated that there has been much speculation going on - Mrs. Logan does not want to cause drainage issues or other concerns but she does have a right to develop her property and included in that is a fmancial concem. He explained that none of the neighbors have a financial interest, so it is very easy for them to say just take out two lots. In working with the city, the developer has tried to come up with a plan which maxmi�es benefit to the developer, which is his right, keeping in mind that he has a grading situation and retaining walls may be needed. He stated that there has been some speculation about the maintenance of the retaining wall and that certified engineering should be used on the walls. He fiuther stated that there has been speculation about the sizes of the homes, but that is an issue at the time a building permit is requested and is not an issue here - if Council is concemed about issues, the developer and owner would like to address them, but there is no question that the owner has the right to develop the property. Mayor Mertensotto responded that as the elected representatives, Council has the duty and responsibility to protect the rights of home owners. He explained that there is a concern about the retaining wall and other issues, and while Mrs. Logan has the right to develop her properiy, Council has the duty to protect the healtti and welfaze of the community. Mr. Stan Linell, 1407 Cherry Hill Road, stated that he is ha.ppy Mr. Heaver is the one who will be developing the land but he is concerned about the density. He stated that the smaller of the lots are to the east yet that is where the lot was taken out. He did not think the city and neighbors understood the reasons for wanting to connect to Cherry Hill Road and Knollwood Lane and he did not think there is any objection to that although there aze other options. He stated that he would like to see some effort made to reduce the amount of traffic by reducing the number of lots and would prefer that the traffic reduction be on the Cherry Hill and Knollwood side rather than the Clement side. He stated that there is no drainage swale shown on Lot 2 so he does not know how the drainage is handled, and the drop in elevation between Cherry Hill and Page No. 4388 May 2, 1995 Knollwood is about 16 feet. Respond�ng to a question from Mayor Mertensotto regarding the Park Commission recommendation on the trail, he stated that the commission compazed the trail easement to dedication of land and from what he has heard from the neighbors about density of the development he felt that perhaps Council should consider the 10% land dedication instead. Councilmember Smith stated that she has received many letters from residents. She stated that Council is dealing with a number of interests - the surrounding property owners and the owner and developer. She further stated that she is also trying to bring in the interest of future home owners as a factor. She commented that one of the things brought up is that certainly the properiy owner has the right to develop and the development is within the city guidelines but the residents have said that this does not fit into the surrounding azea. She suggested that if the city were to take 10% of the land, about an acre, which would be the equivalent of two or three lots, and if the city would impose a park contribution and donate it back to the developer to reduce the plat down to 161ots that would enhance the development and end in a win-win situation. Mayor Mertensotto agreed that Council could consider the option. Mrs. Shirley Workman expressed concern over the retaining wa11s and the berm that runs behind Cherry Hill Road and about traffic. Mayor Mertensotto called a recess at 10:15 p.m. The meeting was reconvened at 10:35 p.m. With respect to the suggestion about park contribution, Mr. Heaver stated that it is lus understanding that he would donate 10% and the city would give it back to him and he would come up with an agreement to educe the lots. He stated that this does not make sense to him to contribute .85 acres to be used for pazk land, wluch would force him as a developer to reduce the lot square footage to try to maintain as many lots as possible. He explained that he would be forced to reduce the lots to 100 feet wide from 115 feet wide, which is legal according to ordinance, but that he is hying to accomplish as nice a development as possible, and if the city will work with him on the width of Ivy Lane he can make the pie shaped lots more spacious and create the open space which would be better for the area. Mayor Mertensotto stated that one of the complaints Council has had in recent yeazs is that with the Copperfield azea as an example, there is 100 feet of width at the setback line and the sideyazd setback is 10 feet. The homes go 80 feet wide and the open space between Page No. 4389 May 2, 1995 them is closed off - they have steep roofs, with peaks up to 30 to 35 feet. He stated that he believes Mr. Heaver can appreciate that the neighbors want to keep the open space and Council can be cognizant of what Mr. Heaver is doing with respect to the existing neighborhood. He further stated that he realizes that the neighbors cannot control open land they do not own, but they should not have to worry about what would happen to open land. He felt that Councilmember Smith's idea is good but the city would have to find some way of using the park contribution in a non-park setting. Councilmember Smith stated that she thinks the Mayor is right that people are concerned about the distance between homes more than the lot square footages and asked if there is any way Mr. Heaver could maintain a 30 foot distance between homes. Mr. Heaver responded that the placing the home at the 30 foot front setback has a major impact - if the homes set back from the 30 faot line it minimizes the impact, and pushing it back five to seven feet a 30 foot distance between homes begins to be established. He stated that he is concerned about the same issues the neighbors have. Mayor Mertensotto stated that nothing has been demonstrated to Council about the grading of the land, and Council does not know that there is sufficient soil to do what is proposed, and there is concern about traffic patterns. He did not think there was sufficient information to make a decision this evening, that Council should see the grading plan, and that Councilmember Smith's suggestion about park land should be looked at. Responding to Mr. Heaver's request for a list of issues, Mayor Mertensotto responded with the following: pazk contribution - it is Council prerogative to require 10% of the land, and a decision must be made on the issue; traffic - he did not think all the traffic patterns have been looked at and would like to see in writing what patterns have been considered and why they will or will not work; grading detail for Council review; soil borings information; and how Mr. Heaver is going to notify future home owners about the responsibility for maintenance of the retaining walls. WATER TOWER Cou.ncil acknowledged a memo from Public Works Director Danielson regazding correspondence from TNEMEC, the Paynet suppliers for the water tower, to TMI recommending a course of action for rePayneting the tower, and communications from TMI, Inc. Page No. 4390 May 2, 1995 Mayor Mertensotto asked if the adhesion tests have been completed. Public Works Director Danielson responded that the tests have been completed and he believes the Paynet mazginally passed the test, however he was not present when the test was conducted. Mayor Mertensotto expressed concern over the differences in the mil thickness proposed by TNEMEC and the use of a biodegrada.ble detergent for the power wash ra.ther than trisodium. He suggested that Council ask TNEMEC to respond to the results of the adhesion tests. Public Works Director Danielson responded that to lus knowledge, trisodium will be used, as TMI has represented. Mayor Mertensotto stated that the letter from TNEMEC to TMI indicates that a biodegradable cleaning solution will be used and he is bothered that TNEMEC is making its representations to TMI rather tha.n to the city. He asked Attomey Hart whether the city is entitled to rely on the supplier's recommendation since it does not contract with the supplier. Attorney Hart responded that if the city expects to be able to rely on the representations made in the letter, Council should have a statement from TNEMEC notifying the city that it can rely on those representations. M�yor Mertensotto stated that TNEMEC indicated that if the primer adhesion test is not acceptable they would come up with a different solution. He pointed out that Council must get all information so that it can make a good decision. He was also concerned that the rust might bleed through the Paynet and stated that Council should be provided with a written recommendation from the contractor or supplier rather than just a two year warranty. COUNCIL COMMENTS Councilmember Koch commented that there are several potholes on Ivy Falls Avenue and Sylvandale and asked that they be repaired. Councilmember Smith asked about a sign at Mendota. Golf which appears to be in the right-of-way. Public Works Director Danielson responded that the sign does not meet required setbacks and that the owners have met with the City Planner and were notified to make application for a sign permit. Councilmember Huber informed Council on NDC-4 matters. ADJOURN There being no further business to come before the Council, Councilmember Smith moved that the meeting be adjourned to a Page No. 4391 May 2, 1995 joint workshop with the Planning Commission at 7:00 p.m. on May 9. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 11:20 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor � * . LIST OF CONTRACTORS TO BF APPROVED BY CITY COUNCIL May 2, 1995 Asnhalt Contractor License Daily & Son Blacktopping, Inc. Valley Blacktopping, Inc. Masonrv Contractor License Hines & Sons, Inc. �3xaavatina Contractor License A. Ramish & Sons Inc. SVAC Coatractors License Fnergy Solutions Int'1 Inc. General Contractors License Dakota Fence of Minnesota, Inc. Fenc-co, Inc. Warren E. McCurdy Construction Inc. Meisinger Construction Company, Inc. . Drywall Contractor License Hendrickson Bros. Drywall Inc. Page No. 4259 January 3, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 16, 1995 Pursuant to due call and notice thereof, the regulaz meeting of the City Council, City of Mendota Heights, was held at 8:00 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota. Heights, Minnesota. Mayor Mertensotto called the meeting to order at 8:00 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. FIRE DEPARTMENT AWARD Fire Chief Maczko introduced Mr. Adam Piskura, from the Minnesota Technical College System F.I.RE./EMS Center. Mr. Piskura recognized the Volunteer Fire Department for the service it provides to the community, and presented Chief Maczko with the 1995 Fire Department of the Year Award. Several current and former members of the department and their families were present for the ceremony. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the joint City CounciUPlanning Commission meeting held on May 9, 1995. Councilmember Koch seconded the motion. Ayes: 5 � . Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Fire Department monthly report for April. b. Acknowledgment of the Treasurer's monthly report for April. c. Approval of the issuance of an on-sale non-intoxicating 3.2 malt beverage license to Mendota Golf. Page No. 4260 January 3, 1995 d. Approval to reschedule the July 4 regular Council meeting to July 6. e. Authorization to schedule public hearings on liquor license application for the Marriott Courtyazcl Hotel, Mendakota Country Club, Mendota Liquors and Somerset Country Club for June 6. f. Approval of the issuance of a sign permit to Prime Net Data Systems, 2250 Pilot Knob Road, for a 17.48 squaze foot sign with a 20 foot setback from the property line adjacent to Pilot Knob Road. g. Authorization to remove the requirement for a hold harmless agreement from Colony Townhomes before execution of the Colony Townhomes storm water project Joint Powers Agreement along with authorization for execution of the agreement by the appropriate city officials. h. Approval of the list of contractor licenses dated May 16, 1995 and attached hereto. i. Approval of the list of claims dated May 16, 1995 and totaling $105,898.15. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 ST. THOMAS ACADEMY Mr. Joe Reymann, Environmental Studies Class insttuctor at St. Thomas Academy, and members of the class were present to inform Council on the results of the latest studies of Roger's Lake water quality conducted by the class. The students reviewed the results of several procedures and comparisons between the 1995 test results and those of two priar years. Of particular con�ern to the students was the result of the coliform test. Council was informed that the initial coliform test was positive and that results of subsequent testing are not yet known. Mayor Mertensotto expressed concern over the positive coliform test, stating that the presence of coliform could indicate that sewage is running into the lake. Public Works Director Danielson stated that staff will investigate whether there are any homes which have on-site sewage systems in the vicinity of the location where the test samples were taken. BID AWARD - STREET OVERLAY Ayes: 5 Nays: 0 Page No. 4261 January 3, 1995 The students responded to Council questions regarding the testing procedures and age of the lake. Council acknowledged a memo and tabulation of bids received for the 1995 MSA street overlay project. • Councilmember Smith moved to award the contract for the 1995 MSA street overlay project to Bituminous Roadways, Inc., for its low bid of $63,612.50 and for curb and gutter removal to Jim Clausen Conshuction for its low bid of $15.00 per lineal foot, with the provision that the city hold the bid securities submitted by the low bidder and second low bidder, releasing the security of the second low bidder upon execution of a construction contract. Councilmember Huber seconded the motion. BARBECLTE SETBACK Council acknowledged a memo from Fire Marshal Kaiser and Fire Chief Maczko regarding a request from Keller Property Maintenance Management Company, on behalf of residents in the Kensington Manor Homes, for a five foot variance from the Fire Prevention Code to allow barbecues to be located ten feet from several shuctures in the Manor Home development. Mayor Mertensotto asked why the setback is not recommended to be reduced for all of the units if fire officials are willing to recommend a reduction from 15 to 10 feet for some units. Fire Mazshal Kaiser responded that the recommendation from Keller was the setback only be reduced for specific properties. He informed Council that he will be preparing a revised fire prevention code for Council review this yeaz and could change the setback to 10 feet in the revision. • Mayor Mertensotto felt that if the 10 foot setback is appropriate for some units it should be appropriate for all and recommended that the setback be uniform rather than granting variances. Councilmember Smith asked why the 15 foot setback was esta.blished and whether it applies just to decks and balconies. Fire Mazshal Ka.iser responded that the setback was established in the state fire code in the 1960's based on a recommendation from Insurance Services. He stated that the city's code applies only to multi-family units where there are balconies above. He explained Page No. 4262 January 3, 1995 that the code does not allow barbecues on balconies: He stated that the request applies only to the Kensington Manor Homes and that the management of the apartments, etc., in Kensington require people to keep their barbecues at a 15 foot setback and in specific locations. Fire Chief Maczko stated that the ordinance has been in effect for eight years and this is the first request to change it. He informed, Council that he would prefer that vaziances be granted on a case by case basis where hardship exists, stating that in the case of the Manor Homes there is a hardship. He stated that each year there are three or four instances of problems caused by propane tanks, and from his perspective if a 10 foot uniform setback is established it would be better than no setback. The ten foot distance would be from all combustible materials, including balconies. Attorney Hart stated tha.t regardless of what is done, there is no statement by the city that a 10 foot setback will be safe in all circumstances, but rather that 10 feet is a minimum setback. Councilmember Smith stated that if a 10 foot setback is established, the code should emphasize that it is a minimum setback and good judgment must be exercised. Mayor Mertensotto stated that the 10 foot setback would be from all points of a structure, including overhangs, balconies, etc. Councilmember Krebsbach moved to direct the Fire Marshal to prepare an amendment to the Fire Code to provide that outdoor open • flame barbecues must be set back at least a minimum of 10 feet from any part of a structure. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 SPRINKLING BAN Council acknowledged a memo from Civil Engineer Mogan AMENDMENT regazding requests from the New Concepts Management Group, on behalf of the Kensington Carriage Boazd of Directors, and from the Victoria Highlands Townhome Association for modification of the city's sprinkling plan. Mayor Mertensotto stated that the request to water at night is often raised since there is less use of water at night. He pointed out that in the case of Kensington and Victoria Highlands , circumstances aze different since there are odd and even numbered units that are contiguous and there is question over how the sprinkling systems Page No. 4263 January 3, 1995 could be turned on for just one area at a time. He explained that the applicants would like to turn their systems on at midnight and run them unti16:00 a.m. Public Works Director stated that they would like to use their collective six hours of sprinkling time once a week because they have difficult watering systerris. Councilmember Smith moved.to grant permits to Kensington Carriage Homes and Victoria Highlands Townhomes for a sprinkling plan different from the city's Modified Sprinkling Plan to allow them to use their allocated six hours per week of sprinkling time between the hours of midnight and 6:00 a.m. provided they file specific plans with the city, and to authorize staff to revoke the permits if there is any deviation from the submitted plans. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CURLEY/SOS SITE Council acknowledged a letter from the Stuart Companies requesting the city to make TIF available for development of the Curley/SOS site by the Dakota Bank, along with an associated memo from Administrator Lawell. Mr. Stuart Nolan, from Stuart Companies, and Mr. John Seidl, President of Dakota Bank were present for the discussion. Mr. Nolan stated that the bank owners have acquired an option on the properties. He explained that he is a developer and approached the owners of the sites several years ago about developing the site but finally gave up. He stated that the bank project will not make sense economically without TIF assistance, and for this reason the bank owners would like to discuss the matter with Council before going forwazd with the zoning processes. . Mayor Mertensotto responded that, in his letter, Mr. Nolan states that site work, street construction and utilities are estimated at $645,000 and clearing of the sites will not exceed $25,000 yet he is asking for $1 million in TIF. Mr. Nolan responded that site work and utilities are estimated at $645,000 and he did not anticipated that demolition will exceed $25,000. He stated that clean up cost is an unknown, which is why he was vague in that part of the request. He further stated that if Council gives tentative approval to $1 million, subject to the bank Page No. 4264 January 3, 1995 getting firm costs,-he would know there is sufficient funding available. Mayor Mertensotto asked why Mr. Nolan is asking the city to undertake the clean up costs. He asked if soil tests have been taken. Mr. Nolan responded that soil tests are underway. He stated�that he understood that the city has agreed to clean-up costs as part of the Duffy proposal for the site. He further stated that with the cost of the land and the high cost of clean up it does not make sense for the bank or anyone to buy and develop the land. He stated that the property has languished for years and lrnowing the property sellers, he believes they are prepared to sit on it for years unless they get their price. Admi.nistrator Lawell stated that the previous proposals have always envisioned city participation in utilities and all past discussions have been that the current owner would acquire Superfund monies to assist in the clean up. Mayor Mertensotto pointed out that the Standard Oil station had $40,OOU in costs for clean up. He asked if there is any funding available from the state. Mr. Seidl responded that he understood that there was a purchase agreement pending for the city to acquire the site. Mayor Mertensotto sta.ted that the city made appraisals and the owners were asking the city to not only buy the land but pay the costs as well. He pointed out that if this was desired, the city could have acquired the land yeazs ago on its own. � Mr. Nolan stated that the increment will pay the TIF back over ten yeazs and if the cleanup costs aze less or non-existent beca.use of Superfund monies, or if the current owner can be made responsible for the clean-up, that would be fine. Mayor Mertensotto stated that he is shocked that Mr. Nolan and the bank would ask the city to pay for the clean-up. Mr. Nolan responded that he can investigate Superfund availability and if the city is unwilling to assist in clean-up, he would like an expression of what Council is willing to do with TIF. The bank would then determine whether development is financially feasible. Page No. 4265 January 3, 1995 Mayor Mertensotto stated that the preliminary site plan shows one parcel for a bank building and another with a gas station and two outlots. He asked how the outlots are going to be developed. Mr. Nolan responded that Outlot D will be used for street purposes. The bank is initially proposed as a two story structure with underground parking but is being designed so that there can be a . future third story. In that case, Outlot C would have to be used for parking. He stated that the bank would like the option for Outlot C to be separately platted from the building site so that they can come back with a proposal for development of the outlot if a third story is never built. Mayor Mertensotto responded that Council would not give any cominitment to future approval of a third story. Mr. Nolan responded that the bank would have to deal with that in the future and that Outlot C could be developed at some time in the future. Councilmember Smith stated that she and Councilmember Krebsbach had indicated at a prior Council discussion that they would be available to meet with the bank representatives, but they were not contacted. Mr. Nolan responded that he met with stafFlast week but the two Councilmembers could not attend the meeting. - Administrator Lawell informed Council that TIF legislation currently being discussed by the legislature puts some urgency on all pending TIF applications. He explained that the applicants are present to see how willing Council is to consider availability of TIF for the development. Councilmember Krebsbach informed Mr. Nolan that she would like to see a full triangle of green space at the corner of the development. Mr. Nolan responded that the gas station could be moved back to Outlot C and the road could be moved closer to the corner. He explained that he is primarily present to discuss TIF and in the event something is done by the legislature to preclude TIF, perhaps an expression on TIF by Council would grandfather the project. Mayor Mertensotto sta.ted that discussion on TIF is premature, and that agreeing to participate is one thing but participating to the extent of $1 million is quite another. Page No. 4266 January 3, 1995 Mr. Nolan suggested that the clean up be left off and the discussion focus on what is currently known. Councilmember Huber stated that $645,000 is still a high level of participation. He pointed out that the existing bank facility will be vacant if a new building is constructed, and Council must think about how much money it wants to put in at the Curley site. He stated that Council needs to talk about all of the questions before giving a response. Mr. Nolan stated that he does not lrnow that the bank building will be vacant or for how long, but the building will still pay significant taxes and the new building would pay at least $100,000 per year more in taxes than the Curley/SOS sites current�y contribute. He stated that taxes on the new building would pay back the TIF in six years and the city would be getting rid of an eyesore. Councilmember Smith stated that she does not think that the proposed bank use is in question and believes it would be a goad use, but that she does not believe the city should be willing to participate in the environmental clean-up of the site. Also, she stated that generally the Council receives more specific information on TIF details and a better breakdown of costs. She pointed out that Council has not received any information on income that might be generated for the TIF district. Councilmember Smith stated that she believes all of the Council would feel better about the proposal if it had an idea of a use for any vacant pazcels and whether any additional TIF inay be requested for Outlot C. She informed Mr. Nolan that she could not commit to the requested TIF amount nor could she define a TIF atnount with the information that has been presented. Mr. Nolan responded that the bank is not planning to ask for additional TIF and that he realizes that the proposal does not give as much information as Council would like to see but the package was put together quickly so that it could be considered before the legislature acts on TIF. Councilmember Krebsbach sta.ted that the applicants have submitted a request for $1 million and a drawing of the layout and some general costs, so Council must exercise prudent judgment by being cautious on the TIF request. She informed Mr. Nolan that the applicants should not confuse that with thinking that Council would not welcome the bank to the site and that she would be interested in the city providing some level of support but that $1 million is an extraordinary and unworkable figure. She further stated that she Page No. 4267 January 3, 1995 would like to receive information on what the city has invested in other sites, and that she would like to keep the site a quiet corner which does not draw people off the freeway. She pointed out that input from the neighborhood with respect to a third story is necessary and informed the applicants that green space is very important to her. Mayor Mertensotto stated that two Council members have consented to be a committee but have not been contacted, and that Council needs more information before it can make a decision on the request. Mr. Nolan responded that he will set up a meeting with city staff and will investigate the availability of Superfund assistance. MENDAKOTA PARK USE Council acknowledged a memo from Administrative Assistant Batchelder regazding a request from the Mendota Heights Athletic Association (MHAA) to use Mendakota Pazk fields for baseball. MHA.A representatives Charlie Godbout, Mike Bazal, Dave Ayers and Dick Arnold, were present for the discussion. Mayor Mertensotto stated that last spring Council reaffiimed its policy that there be no baseball at Mendakota Park because it was designed and intended for adult softball. He informed the audience that from what he understands MHAA is using 34 fields to take care of the demands and that there are over 1,200 children in the MHAA programs this year. Mr. Bazal informed Council that there are 1288 participants in the youth programs, including baseball, tee-ball and track and field, and that MHAA has had many inquiries from its members as to why the association is not using Mendakota Pazk. He stated that from all the documentation on the issue, it seems that it is an issue of baseball versus softball and that he struggles with a difference between a fly ball from baseball versus a pop fly from softball. He stated that he sees adults playing at Mendakota. a very lazge amount of the time and the children very little and that the association would like to come to an agreement with the city. Councilmember Krebsbach asked if the city agrees to the request if the use would be by young men or if it would be for girls as well. Mr. Bazal responded that it would be joint use by a11 of the spring programs. Mayor Mertensotto stated that what Council is faced with is a policy decision on youth versus adult usage of the fields. Page No. 4268 January 3, 1995 Mr. Godbout distributed copies of a report on sources and uses of fields by the association. He stated that MHAA uses 14 school district fields and plays about 38 games a week at those fields and that it has no fields available during the week for practice. He stated that MHAA used to have fields available all week in Eagan but now can only use two fields in Eagan a week and they have no fields available there for practices. Seven private school fields are used, at which 20 games aze played a week. He stated that MHAA uses one field at Mendakota for softball on Mondays and one on Sundays and the transitional teams use Mendakota on Sunday nights. He sta.ted that the rest of the week the fields aze used for adult softball and that the Civic Center field is used for adult softball on Thursday evening. He stated that MHAA schedules 98 games a week on 37 Mendota Heights fields and 8 games at the Sibley fields. Councilmember Smith stated that Mr. Godbout has categorized where the fields are and that it is her understanding that the city has contributed heavily to the school district fields and their maintenance. Mayor Mertensoto sta.ted that discussion on MHAA use of Mendakota. fields is by youths aged 12 and under because they would not be able to hit balls out of the fields. Mr. Godbout stated that when MHAA schedules 98 games all over and negotiates with the school district anct private schools and has fields taken away after the schedules are done, parents ask why they cannot go to Mendakota. Mayor Mertensotto noted that no MHAA games aze scheduled on Fridays and Mr. Godbout responded that they aze hard to schedule on Fridays because Friday is a day of religious observation. Responding to a question on what MHAA is asking for, Mr. Godbout stated that MHAA is willing to work with the fact that the city wants to have an adult softball program but the association board wants to say to its membership that MHAA has a priority at Mendakota and wants to work with city staff to secure field dates. Councilmember Krebsbach stated that the city needs to provide some adult softball, pointing out that this was an issue in the park referendum. She asked Mr. Godbout what he would want to limit adult softball to and in order to accommodate the association request. Page No. 4269 January 3, 1995 Mr. Godbout responded that MHAA needs at least three or four week nights. He stated that there are four fields at Mendakota, which means that MHAA would not have to go to St. Peter's and Visitation and St. Croix Lutheran, etc. Responding to a Council question, he stated that MHAA make donations for the use of the private facilities. Responding to a question from Councilmember Krebsbach about the city's softball program, Assistant Batchelder stated that there are 38 teams with in excess of 400 participants. He also responded to questions on the percentage of Mendota Heights residents on the teams, stating that some aze entirely Mendota. Heights residents but some have non-residents in order to fill out teams, and informed Council that there are about 150 Mendota Heights residents on West St. Paul teams. He stated that people tend to play on teams in cities where they work or with friends. Responding to a question as to what would happen if the softball teams did not use Mendakota, Assistant Batchelder stated that right now Mendakota is used Sunday through Thursday nights and weekend tournaments and a church league that plays on Friday night. He explained that Sunday night is set aside for MHAA. Of the twenty available slots at Mendakota, the schedules two games per field because there aze no lights. He stated that there aze 12 softball games scheduled, that MHAA uses six of the twenty slots, and Sibley Girls' fast pitch has two slots. He stated that the softball program uses Mendakota. and the Civic Center fields. Mayor Mertensotto asked if the adult softball teams are only able to play at those two fields or if they could use some other fields. Councilmember Smith stated that MHAA has been resourceful at finding fields but that her concern is whether there are fields � �ai�eb�e for adult play. �.� Mr. Godbout responded that the adults would fit on any of the fields. Mayor Mertensotto stated that MHAA anticipates an increase in participants next year and if the participation continues to grow each year they will run out of fields, which is where a problem comes from a policy standpoint. He asked whether it is more important to accommodate youth programs at Mendakota, and pointed out that the fields aze not set up for youth baseball. He explained that the problem is to keep the youths happy or to have to give way to adult softball and whether Council should allow Mendakota to be used for youths up to 12 years old. Page No. 4270 January 3, 1995 Councilmember Huber stated that the reason that Council has said that there would only be softball at Mendakota was because of the safety issue. He further stated that last year there was a situation where a MHAA tournament was allowed at Mendakota because of confusion over scheduling. He pointed out that Mendakota is committed for 1995 and presumed that the Council is dealing with the matter as an issue for 1996. He felt that whatever the discussions are, Council should hear the concerns and gather additional input from the adult softball people. He stated that there are a few neighborhood pazk fields that might accommodate adult softball but this is not something that needs to be decided upon this week. He further stated that if Council is looking at doing something to improve Mendakota. to allow baseball it would be with the idea that the city may need to allow some baseball and at what level. He noted that Council would need to consider starting some improvements this year (backstops, etc.). Councilmember Krebsbach stated that she thinks Council should make a decision on netting and that she would like Council to look at finding the resources to pay for netting. She further stated that while the city certainly wants children to have leagues, she also feels that adults need recreation and that softball teams must have access to the Mendakota fields. Mayor Mertensotto stated that he is not certain that netting is the best solution but that Council must set a timeline for making a decision so that MHAA can know whether it can use some fields at Mendakota. next yeaz. Councilmember Koch stated that more input is needed and that while Council can say that it will definitely have something resolved for 1996, she could not say it is okay to deviate from the current policy without giving more thought on if and lww to do it. She stated that the city has been trying to accommodate everyone. Councilmember Huber pointed out that Mendakota has the largest fields and asked if that is where the MHAA need is the greatest. He asked if the pressure point is for the little children or the bigger ones. Mr. Godbout responded that as the children get older the greater the need for more refined fields. He informed Council that there are about 60 children in the 13 year old group and 110 12 year olds. Page No. 4271 January 3, 1995 Mayor Mertensotto stated that by the Ju.ne 16 meeting Council should decide about raising the back stops or adding netting and possible make a decision on the policy issue in July. Councilmember Smith felt that Council should work parallel on the two issues and make a decision by the end of July. � Responding to a question from Mayor Mertensotto about softball fees, Assistant Batchelder stated that the city charges $400 per team, which pays for the program, and the American Softball Association also pays the city a fee. MENDOTA PLAZA Council acknowledged a memo from Treasurer Shaughnessy IMPROVEMENTS regazding continued discussion on the request from the Mendota I Plaza Associates for up to $200,000 in tax increment financing assistance to aid in constructing storm water and utility improvements at the Mendota Plaza, along with a proposed development agreement. Mr. John Sfreeter, representing Mendota Plaza Associates, was present for the discussion. Mr. Streeter informed Council that the proposed agreement was developed by the city, and the developer's legal counsel has reviewed and agreed with it. Mayor Mertensotto stated that he realizes that the agreement was patterned after an agreement with another city but felt that it misses the point. He stated that the estimated total cost is $486,000 for the total project and that Mendota Plaza Associates has stated that it needs some TIF contribution. Council discussed $200,000, and there was some question of not doing a minimum amount of work to qualify for TIF. He did not feel that the agreement accompli"shes the intent that if the developer does the full $486,000 of work the city would contribute the $200,000 'i IF. City Attorney Hart responded that the minimum improvement is a defined term and it is only after the developer does the minunum agreed upon improvements, including landscaping, etc., that the city would contribute TIF. Mayor Mertensotto stated that the developer is talking about a $483,000 project and that he must commit to doing all of the work, which has been estimated at $483,000. He stated that after the work is completed he would receive $200,000 from the city, not, as the definition states, reimbursable costs. Page No. 4272 January 3, 1995 Mr. Streeter responded that Exhibit B to the proposed agreement describes the work, the projected cost, the cost to the Mendota. Mall and the costs the city would fund. Attorney Hart stated that where there may be a difference is the definition. He stated that the city wants to define the entire project as mirumum improvements, including landscaping and other items that are not defined in the agreement as minimum improvements. Mayor Mertensotto suggested that the agreement be expanded on what does not qualify for TIF and if the whole project is covered by the minimum improvements, then the whole $486,000 project must be completed before the applicant receives the TIF. Councilmember Huber stated that he faaced to the city his allocation of costs. Administrator Lawell stated that what that did was go back to the original (Menck Associates) statement from Mendota Plaza. Associates that listed line items, and made a determination on what Councilmember Huber thought the city reasonably ought to pay. He stated that the bottom line was the cost on the city column was reduced to about $150,000. Administrator Lawell further stated that it would be helpful if Council would make a determination on the level of contribution. Councilmember Huber stated that his estimates include a contingency and that he tried to get to the parking lot cost. He explained that he is not comfortable paying for the parking lot and lights and did not see how the parking lot could be done for � $226,000. He stated that he came up with about $307,000 for the cost of the parking lot. Administrator Lawell responded that it actuall�r comes down to some very fuute items and asked that Council tell staff what kind of broad items it would feel comfortable with including in the agreement. Councilmember Huber reviewed his allocations for Council and the audience. Mr. Streeter responded that in the bituminous item breakdown from Bolton and Menck, the grading that is to be done on the site is only to accomplish bringing the water to the storm sewer system. There is no grading being done other that to make the land drain to the system, and nearly everything in the bid sheet other than the Page No. 4273 January 3, 1995 bituminous and the landscaping is directly related to the drainage of the parking lot. Mayor Mertensotto stated that he would like to see plans showing how wide the entrance anc� turn lanes, etc., will be. Councilmember Smith stated that she was anxious to see some additional parlcing lot landscaping. Mr. Streeter responded that prior to meeting with a landscape designer, it would be nice to set aside an amount of money on which the design would be predicated. He stated that $6,000 to $7,000 of the bid is for seeding, grass, etc., and if Council sets an amount to be spent on landscaping, the landscaping would be designed to that amount. Councilmember Smith stated that Council has not has not received any agreement to creating landscaped islands in the pazking lot. Mr. Streeter responded that he has no objection to putting in islands but their maintenance is costly. He explained that he would like to do something but does not l�ow what Council's wishes aze. Mayor Mertensotto stated that Council would like increased safety at the entrance, and now that money is being spent on safety there should also be some aesthetic benefit to the improvements. He stated that this is not a project starting out from scratch, and asked the city attorney what kind of detail is needed. Attorney Hart responded that this is not a pay as you go agreement and there are some provisions in the agreement which can be deleted but procedures for how and when city payments aze to be made should be set forth in the agreement. Mr. Streeter stated that he has asked for an exception from the one- pay deal and that specifically deals with landscaping. He informed Council that he has never seen all landscaping in a plan last for a year and after some date, the landscape contractor will have to replace and guarantee before payment is made to him. He stated that he would like an escrow held out for landscaping. Councilmember Huber stated that he is concerned about knowing whether the center is showing a positive cash flow and whether Mendota Plaza Associates can afford the improvements. He pointed out that Council is being asked for public funds and he thinks the developer should disclose what the financial gain on the center is. Page No. 4274 January 3, 1995 He further stated that he would like to what would happen if the property is sold. Councilmember Smith sta.ted that Council has had the problem about asking for substantiation of financing for other projects as well and that she understands why a business owner would not wish to divulge that information to the city because it would then become public information. She asked if the information could be referred to a consultant who would review it and give an opinion to Council on whether it is a necessity to have the funding. Mayor Mertensotto stated that Mendota. Plaza Associates wants to do something to solve the water problems and has included doing something to nnprove safety at the request of the city. He noted that the only approach to solving the water problem that will work is to install storm sewer. Councilmember Huber stated that Mr. Paster has indicated that he could not afford to undertake the project in the foreseeable future without city assistance and if Council thinks the financing issue is important, it should have it in the agreement. If Council does not care about the financial situation of the center now, it would not participate in the project. Councilmember Smith stated that it is central to any TIF project that but for city assistance it could not be done. Attomey Hart informed Council that the statute for redevelopment districts did not require the butlfor when the city's redevelopment district was formed. Mr. Streeter sta.ted that the project is not going to be done without city assistance, not even the parking lot, and the only part of the parking lot construction that the city would be �aying for is that related to drainage. He further stated that lighting is, buy law, an allowable TIF use in a redevelopment district. Administrator Lawell stated that the one thing he can see that might affect the numbers is that the city's engineeri.ng staff feels that perhaps some of the pieces of the storm sewer system have been over-designed, and if the system is redesigned to the point where the costs come down Council will be made aware of it. . Councilmember Huber asked if there would be any interest in requiring that the TIF money be paid back if the center is sold in a number of years. Page No. 4275 January 3, 1995 Attorney Hart sta.ted that the commihnent is to the Mendota Plaza Associates and the value from the TIF cannot be transferred during the life of the contract. Mr. Streeter suggested that the agreement could be amended to stipulate that the center could not be sold until it has paid enough taxes to support the cost of the TIF contribution. Mayor Mertensotto suggested that instead the agreement stipulate that Mendota. Plaza. Associates or any successor cannot bring tax abatement proceedings during the life of the contract. Councilmember Huber felt that if Mendota. Plaza Associates were to sell the center the owners could say that the increased value goes to the owner of the center without any money coming to the city. Mr. Streeter responded that the prices of a shopping center is determined almost entirely on its income. It was the direction �Of Council to require a letter from the Mendota Plaza Associates legal counsel regarding the allowability by law of the items listed for TIF and to modify the draft agreement for future Council review. IVY HILLS PARK Council acknowledged a staff inemo regarding Ivy Hills Pazk pond area landscape design. Landscape designer Jim Hagstrom, from Savanna Designs, was present for the discussion. Mr. Hagstrom reviewed design changes which have been made to the design plan since the last Council discussion, and responded to Council questions. Public Works Director Danielson was directed to check the height of the berm to see if it needs to be at the existing height. Councilmember Krebsbach moved to approved the modified Landscape Design Plan for Ivy Hills Pazk and to direct staff to solicit bids for the pond restoration, in an amount not to exceed $20,000. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 WATER TOWER Council acknowledged a memo from Public Works Director Danielson regarding a change order to the water tower Ayes: 5 Nays: 0 Page No. 4276 January 3, 1995 reconditioning contract to delete sand blasting and add pov�er washing and the substitution of spot primer, full primer and top coat as recommended by Tnemec, the paint supplier. Council also acknowledged copies of letters from Tnemec and TMI Coatings. Public Works Director Danielson informed Council that staff asked for a letter from Tnemec which provides the city with a recommended course of action. A letter was provided before the paint adhesion testing was done and others after the testing was completed. He stated that in the May 16, TNEMEC stated that based on the adhesion test they have recommended a course of action. Councilmember Krebsbach felt that the May 161etter is a disclaimer and asked if it is stated anywhere that the process and the paint will last ten to fifteen years. Public Works Director Danielson responded that it is very common to paint over an existing coating but you must rely on the adhesion. He further stated that Tnemec would not state in writing that it would last ten to 15 years. Councilmember Huber moved to approve Change Order No. 1 to the water tank reconditioning contract, incorporating a requirement for annual inspection by a consultant prior to the end of the two yeaz project warranty. Councilmember Krebsbach seconded the motion. Councilmember Huber noted that the pedestal of the tank was sandblasted, and at some point before the two years expire, someone • should go up to the top of the tank to be sure the paint is adhering. TAX FORFEIT PROPERTY Council acknowledged a memo from the Clerk regazding tax forfeited parcels of land in the Centre Pointe development and the potential for use of some of the property for ball fields. Discussion on the matter was tabled to June 6 with the direction to staff to prepare information on delinquent assessments and the potential for tee-ball fields with bare minimum improvements. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 12:05 o'clock a.m. ATTEST: Charles E. Mertensatto Mayor Page No. 427? January 3, 1995 Ka.th�een IVI. Swanson City Clerk T �• .: CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION COMMISSION MINUTES MAY 9, 1995 The regular meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, May 9, 1995, in the City Hall Large Conference Room, 1101 Victoria Curve. The meeting was called to order at 6:30 o'clock P.M. The following members were present: Spicer, Kleinglass, Libra, Damberg, Liberacki, Norton and Linnell. Also present were Administrative Assistant Kevin Batchelder and Parks Project Manager Guy Kullander. APPROVAL OF MINUTES Commissioner Libra moved approval of the April 11, 1995, minutes with corrections. Commissioner Damberg seconded the motion. AYES: 5 NAYS: 0 COMMISSION COMMENTS Commissioner Kleinglass stated that he felt the previous meeting in April was a very good meeting because controversial issues generated a good discussion. Commissioner Liberacki inquired about having the Police Chief at the June meeting to address the vandalism issue. Commissioner Damberg stated the graffiti and destruction in our parks is serious and was wondering if the Commission can do more to address this issue. Commissioner Damberg stated the Commission does not want to just sit there and see this happen without being proactive. ' The Commission discussed people practicing golf in the parks and a broken window that was reported. The Commission discussed regulatory signage in the parks. Mr. Ram Muthyala, of 699 Apache Lane, stated that he does not want to limit park use but that he wants people to respect his private property and not golf in the direction of his home. CAPITAL IMPROVEMENTS PLAN 1 � � Administrative Assistant Batchelder provided an overview of the 1995-1999 Capital Improvements Plan. He outlined the funding sources that are'relied on by the Capital Improvements Plan including the General Fund, the Special Parks Fund and the Referendum fund. Batchelder provided a list of new requests that have been made for park improvements since the adoption of 1995-1999 Capital Improvements Plan. These items are: 1. Enlarge the skating aXea in Wentworth Park. 2. Construct a tennis wall at Friendly Hills Park. . 3. A request for basketball court at Valley View Heights Park. 4. Resurface the tennis courts in a different order of priority. 5. Explore the construction of additional baseball fields at Mendota Plaza and Centre Pointe. Mr. Ram Muthyala and his son, Brian, were present to discuss the need for a tennis wall at the Friendly Hills Park site. Commissioner Liberacki inquired if the City had a tennis wall or bang board at any of our tennis facilities. er Kullander responded no. Commissioner Liberacki inquired if Mendota Heights teaches tennis through its recreation program. Parks Project Manager responded no. Commissioner Libra stated that Sibley High School does not have a bang board at their tennis courts, however he stated that Mendota Heights Athletic Association has a summer tennis program. Commissioner Norton arrived at 6:45 o'clock P.M. Commissioner Damberg inquired how big a tennis wall needed to be and how much would it cost. Parks Project Manager Kullander responded the ideal bang board would be constructed out of concrete block and based on an estimate of a 20' by 8' wall that would cost approximately 52000. Kullander stated this size was used for a soccer wall.estimate and tennis may need to be bigger and could possibly cost up to S 10,000. Commissioner Liberacki inquired if the tennis wall could be constructed out of wood. Kullander stated the reason his estimate was based on a concrete block wall was due to the wind load that would be created by such a wall and it would be necessary to have reenforced concrete block for this. Commissioner Liberacki stated that perhaps a bang board could be constructed with a 2' by 4' frame with plywood surface that would be 8' high with possible reinforced bracing. Commissioner Liberacki stated he thinks this is a great idea, however, he qualified his comments by stating that bang boards and tennis walls are more generally associated with a teaching program. 2 Parks Project Manager Kullander stated that in his discussions with peaple involved in tennis, their response has been that bal! machines have generally replaced bang boards due ta the cost of a ball machine being about 5200. Mr. Muthyala stated that he feeis a ball machine and a bang board wall serve two different purposes. Cammissioner Kleinglass inquired if there was a fence in a strategic location that we could experiment with a plywood tennis wall. Kullander stated that it would have to be structurally based to support for wind load. Commissianer Damberg inquired of Brian Muthyala if #here were other youths interested in using this tennis wall. Brian Muthyala stated yes, that he has approximatety a dozen friends that play tennis and that they are interested. Cammissioner Kleinglass maved to recommend that City staff look at providing a tennis watl at a minimai cost in the City. Commissioner Kleinglass stated fihat ifi was nice that someone approached the Parks and Recreation Commission to ask for a neighborhood improvement. Commissioner Damberg seconded the motion. AYES: 7 NAYS: 0 CAPtTAL IMPROVEMENT PLAN CONT(NUED Parks Project Manager Kullander distributed a handaut describing funds available for park and trail improvements in the coming years. This handout included the 1995 City Budget, remaining referendum prajects, items approved by City Council in 1995 ihat are nat in the Budget and improvements funded by the Special Park Fund in 1995. This list also included Special Park Funds committed in 1995, Mendakota Park assessments. Kensington turf improvements, anticipated additions in 1995, and re#erendum fund expenditures and balance to date. Estimates were also provided for park impravement projects that have been newljr placed on the agenda. The Parks Commission reviewed the new improvement items that have recently been suggested. Chair Spicer stated that Valley View Heights Park basketbali court shou(d be addressed and that Mr. Dave Ayers had contacted him and stat�d that a particular neighborhood resident is in the concrete business and could provide the City with an estimate on the cost of building a half court basketball at this locatian. Kullander stated that the _ City must receive quotes from contractors based on plans and specificatians 3 . and that he would be happy to send this person a copy of the plans and specifications to receive a quote from him. The Parks Commission desired to get the estimates for Valley View Heights Park for their June meeting. Mr. Mark Kapaun, a Valley View Heights resident, stated that the neighborhood was concerned that this park improvement would be put off many years into the future and felt that it should be built in 1995 or 1996. . Commissioner Linnell arrived at 7:10 o'clock P.M. Commissioner Libra stated that according to the Capital Improvements Plan in 1996, only 512,800 is proposed to be spent in the Special Park Fund and that this Special Park Fund figure for 1997 is S 11,000. Libra stated this is quite a bit different than approximately $65,000 that is anticipated to be spent in 1995. Commissioner Libra stated that it might be a good idea to spread some of the expenses from 1995 over these other two years. Commissioner Spicer agreed with Commissioner Libra that it would be possible to spread out some of the Special Park Fund expenditures over the next few years. Kullander stated that the big items are the Wentworth picnic shelter and Wentworth and Valley Park bridges. The Commission agreed that the bridges are a health, safety and welfare issue and should be addressed in 1995. Commissioner Norton inquired if the picnic shelter could be put off until 1996. Commissioner Linnell stated that currently the picnic shelter is in the budget and he wondered if there would be a risk of losing the picnic shelter project if it has to go through the budget process again. Chair Spicer stated that the picnic shelter could be placed in the 1996 Budget and that we could start the planning process to site anii design it in January so that it would be built in early summer next year. Chair Spicer stated that it might be September before we can do anything on the Wentworth picnic shelter this year. The Commission agreed to put off the Wentworth Park picnic shelter until 1996. Parks Project Manager Kullander inquired about the Friendly Hills picnic shelter and should that be moved to 1997. The Commission was of the consensus to move the Friendly Hills picnic shelter to 1997. Commissioner Damberg stated a concern that the Special Park Fund would be spent down and stated that paying for Mendakota Park assessments out of the Special Park Fund might not be appropriate. Commissioner Damberg stated there is not much development remaining in Mendota Heights and 0 i that it appears the City Council is using the Special Park Fund to pay for replacement items such as bridges in Wentworth Park. The Commission discussed the spending down of the Special Park Fund. The Parks Commission reviewed the improvements funded by the General Fund in the 1995 Budget. The Commission reviewed the improvements funded by the Special Park Fund in 1995. The Commission was of the consensus to delay the installation of Wentworth Park grills for 5600 and the Wentworth Park picnic shelter for S 18,000 until 1996 with the caveat that this project would begin its planning stages in January so it could be built in the early summer of 1996. Commissioner Linnell stated that the enlarging of the skating area at Wentworth Park should be looked at if the warming houses are being switched between ivy Falls and Wentworth Park. The Commission directed staff to look at the possibility of enlarging the skating area at Wentworth Park. The Commission directed staff to add Wentworth Park rink enlargement to the 1995 Special Park Budget. The Commission discussed the Wentworth Park bridges and culverts which are estimated to be $25,000 from the Special Park Fund in 1995. The Commission felt that this was a priority item and that it should be addressed in 1995. Commissioner Liberacki inquired about resurfacing the tennis court at Roger's Lake Park as funded in the 1995 General Fund Budget. Commissioner Liberacki stated that he had visited the tennis courts in the City and that Roger's Lake tennis court was still in good condition and that he felt that Valley Park tennis court was in very poor condition. Administrative Assistant Batchelder stated he had received a phone call from a resident upset about the condition of Valley Park tennis court surface. Parks Project Kullander stated a resurfacing contractor will be visiting the tennis courts in Mendota Heights in the next week to prioritize the courts for resurfacing. Kullander stated that resurfacing involves sealing the cracks and adding a top coat of 1/4 inch of colored asphalt. Commissioner Liberacki inquired about sweeping the trails and seal coating the Mendakota Park trail. Liberacki inquired if it would be better to overlay as opposed to seal coating. Kullander stated the slurry seal machine will not fit on the City bike trails and that seal coating has proven to be more cost effective than overlay. Commissioner Linnell stated that this issue had been examined by the Parks Commission during last year's discussion. Commissioner Liberacki inquired about sweeping trails and Parks Project G� Manager Kullander responded -that this is an item contracted as part of the street sweeping bid. Commissioner Linnell stated that in his opinion, overlaying of trails is not worth the money and that it is more cost effective to seal coat trails until they need replacement. Kullander reported that for installing concrete bleacher pads in the park, the park crews have reported that Kensington Park is the most appropriate location for concrete bleacher pads this year. The Commission felt that staff should determine the needs of concrete bleacher� pads. The Commission discussed the priority for tennis court resurfacing, which are scheduled to be done one court per year. Commissioner Liberacki stated he felt the priority should be in the following order: Valley, Ivy, Rogers, Marie, Wentworth and Friendly Hills. The Parks Commission discussed installing baseball fields at the Mendota Plaza and Centre Pointe sites. The Commission felt that the City should continue to explore these options and that City staff should continue to work with Mendota Plaza and look at ball field options at the Centre Pointe site. _ . � The Commission reviewed the 1996 improvements in the Capital Improvement Plan. The Commission was of the consensus that the Hagstrom-King tennis court should wait until the Friendly Hills school site is designed as it may include tennis courts and it would be unwise to duplicate this service in the same neighborhood. Commissioner Liberacki inquired about paving the gravel driveway �entrance to Roger's Lake Park. Parks Project Manager Kullander stated that the Parks and Recreation Commission had looked at this item on a number of occasions including during and after the referendum and that for reasons due to the character of the neighborhood and the park, the Commission has always favored leaving this driveway as a gravel trail. Chair Spicer stated that the neighborhood had informed the Parks Commission that they wanted this kept as a gravel drive, however we have paved all the other driveways into the other parks. Spicer stated this was necessary because the other parks had ball fields which caused parking and dust concerns. Commissioner Liberacki inquired if the City should look at paving a hockey rink for rollerblading. Batchelder stated that some cities have tried this and that the City of Mendota Heights looked at this issue in 1990 and dismissed [:� it at that time. The Commission directed staff to review the success that other cities may or may not have had with paving a rink for rollerblading. Commissioner Liberacki stated that he feels there is a general lack of picnic tables in City parks. Parks Project Manager Kullander stated that the City budget includes the purchase of ten picnic tables in 1995 and that the City has a general supply of picnic tables that the park crews move around as requested. Commissioner Liberacki stated that there should be more picnic tables near the ball diamonds for use by the parents attending games. Commissioner Libra stated that Ivy Falls Park could definitely use some picnic tables near the ball diamonds. The Commission directed staff to include picnic table purchases on the 1996 CIP list. The Commission directed staff to put together these pieces of their discussion on the Capital Improvement Plan for review at the June meeting at which time the Capital Improvement Plan for 1996 through the year 2000 would be put into final draft form for City Council review. DAKOTA COUNTY CAPITAL IMPROVEMENT PLAN Administrative Assistant Batchelder stated that Dakota County was seeking comments on its Capital Improvements Plan. Commissioner Norton stated that the County's Capital Improvement Plan includes a massive development scheme for Lebanon Hills Park to which there is organized opposition. Norton stated she feels the County is making these capital improvements at Lebanon Hills Park because the Cities of Eagan and Apple Valley are putting political pressure on the County. Norton stated that S2 million is budgeted for expenditures in Lebanon Hills Park and that she feels this money would be better spent on acquisition of additional park land. Commissioner Norton stated that Thompson Park is the only County park in northern Dakota County and that it is very small and does not meet the needs of northern Dakota County. Commissioner Norton stated that the City has approached Dakota County about purchasing park land on the Resurrection Cemetery site but that the County has ignored this site in their acquisition program. Norton stated that the County Park Policy is not to acquire any more park land until existing parks are developed. Commissioner Damberg stated she felt Dakota County was unwise in not making acquisitions at this time while the land may still be available. F L Commissioner Liberacki stated that the County Highway Department� is supposed to have shoulders on all their County highways and that these shoulders are definitely lacking along Delaware between Huber Drive and the south boundary of the City and along Wentworth Avenue between Dodd Road and Delaware Avenue. Liberacki stated that Delaware Avenue is very dangerous because of its narrow shoulders and he is aware that a lot of bike riders and pedestrians use this stretch of Delaware Avenue. Commissioner Norton stated she feels that at this time there is an opportunity for a three way partnership with the City, County and Archdiocese to preserve the area around Lake Augusta. Commissioner Damberg stated this end of Dakota County needs more County park land. The Commission was of a consensus that the City should offer to meet with the County and the Church to discuss the possibility of a partnership for the preservation of open space and trails around Lake Augusta in the Resurrection Cemetery. The Commission suggested that Bill Morrish River Plan Group and perhaps the National Park Service should be involved in these discussions as well. CITY COUNCIL/PARKS AND RECREATION COMMISSION JOINT MEETING Chair Spicer stated that the City Council had put a joint meeting with the Parks and Recreation Commission on their agenda for some time this summer. Spicer stated that the Parks Commission should discuss what type of items they may want to address during this joint meeting with the City Council. The Parks Commission generated the following list including County park lands, additional baseball fields, the philosophy of park fund use and major park project funding, netting at Mendakota Park, expansion of the recreation program, the Burows Farm, open space inventory and trail opportunities. VERBAL UPDATES Administrative Assistant Batchelder reported that City Council had met with representatives from the Valley View Heights neighborhood and had told them that Valley View Heights Park would not be added to the City's park system. Batchelder stated that the City Council did, however, indicate that the City park crews would maintain this park and that improvements to this park could be made. Batchelder stated that the City Council had directed _ the Commission to review the basketball court request at Valley View .� Heights Park. Batchetder stated that the City Council had met with neighbors in Bridgeview Shores regarding the trai! extension as part of the Mendota Heights Road/Dodd Road traffic signal project. Batchelder stated City Council had directed staff to contact the contractor regarding whether this project could be put off until the fall under the terms of the cantract. Batchelder stated the City and the contracto�- are currently discussing doing this project later in the year during the fall. _ TRAIL STENCILING The Commission decided to set aside a night or an afternoon in June in which they coutd tour the park and participate in trail stenciling. VERBAL UPDATES Cf}NTtNUED Administrative Assistant Batchetder stated that finding a civic group or organization to operate the concession stands at Mendakota Park has been very difficult because whiie many people would tike to do the concessians on the big weekend tournaments there are not many groups who are wi!ling to do the Monday through Friday night time periods. Batchelder s#ated that the City Gouncil had told staff that if no civic graups or booster groups could be found to upgrade the concessions stand, that it should be advertis�d for a private vendor. The Commission inquired if lease money thraugh a private vendor situatian could ga into the Special Park Fund or be earmarked for park prajects. Cammissioner Narton reported that on the pond at the corner of Marie and Lexington Avenue a resident had built a path down to the pond including stone steps. Norton sta#ed #hat she feets this sfiairway was unattrac#ive and inquired if it was an park land and in a designated Wetland. 'The Commission directed staff to have the Code Enforcement Office look at the construction af a pathway to the pond at Marie and Lexington. The Commission discussed the vandalism at the Marie Park warming house. Administrative Assistant Batchetder informed the Commission that Acacia Cemetery had approved our request for the use of up to 300 stones to include in our projects in North Kensington Park and ivy Hiils Park � ADJOURNMENT There being no further business, the Parks and Recreation Commission adjourned its meeting at 8:25 o'clock P.M. Respectfully submitted. Kevin Batchelder Administrative Assistant 10 ra� �!� �' �!�� i.�, 6�,� CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES MAY 10, 1995 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, May 10, 1995, in the City Hall Large Conference Room, 1101 Victoria Curve. The meeting was called to order at 8:00 o'clock P.M. The following members were present: Beaty, Fitzer, Leuman, Olsen and Stein. Commissioners Olin and Surrisi were excused. Also present were City Administrator Tom Lawell and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Olsen moved approval of the April 12, 1995 minutes. Commissioner Stein seconded the motion. AYES: 5 NAYS: 0 ACKNOWLEDGE RECEIPT OF VARIOUS REPORTS/CORRESPONDENCE The Commission acknowledged receipt of the MASAC Technical Advisor's Report fpr March, 1995. Chair Beaty stated that the use of Stage 3 aircraft at MSP is up 4 percent from 1994. He stated that the number of March complaints has increased from 823 in 1994 to 1,094 in 1995. The Commission compared the number of departure aircraft noise events the Cities of Mendota Heights and Inver Grove Heights receives. The Commission acknowledged receipt of the Corridor Gate Penetration Analysis Report for March, 1995. The Commission discussed how the MAC data indicates that there are more planes that veer farther south of the corridor boundary than north of the proposed 95 degree north boundary. Administrato� Lawell stated he would inquire with Mr. Foggia as to how gate penetration is measured. 1 The Commission acknowledged receipt of the MASAC General Meeting Minutes from March 28, 1995. Chair Beaty stated that Mayor Mertensotto attended this meeting. Chair Beaty noted, as per the March 28th MASAC minutes, that the Hawthorne Woods development, located in Eagan at Diffley and Dodd Road, has been inundated with noise. They discussed how this area is inquiring about the use of the corridor's southern boundary. The Commission discussed how members of the MASAC are appointed. Administrator Lawell stated that he would provide copies of the MASAC meeting minutes in future Airport Relations Commission packets. The Commission acknowledged receipt of the MAC Dual Track Airport Planning Process LTCP Report - April 1995. Administrator Lawell explained that these reports are issued periodically and that this particular report discusses the proposed airport expansion plans. He noted that this report does not depict plans to someday construct a third north parallel runway. The Commission acknowledged receipt of the NOISE Newsletter for April, 1995. The Commission acknowledged receipt of the Northern Dakota County Airport Relations Coalition Ranking of Airport Related Topics for Multi-City Collaboration dated April 19, 1995. Chair Beaty informed the Commission that the Coalition agreed to focus their efforts on the following topics: 1. Nighttime Restrictions on Aircraft Operations. 2. FAA "Close-In" vs. "Distant" Departure Procedures. 3. Non-Simultaneous Departure Procedures. Chair Beaty stated that their next meeting will be on May 17th. Commissioner Stein informed the Commission that he would attend that meeting. The Commission acknowledged receipt of a memorandum from Mr. John Foggia, Manager of the Aviation Noise Program, regarding Part 150 Sound Insulation Status for St. Thomas Academy and Visitation. The Commission noted that these schools have been given priority over two Minneapolis 2 schools in receiving sound insulation modifications under the MAC Part 150 Implementation Program. DISCUSS DRAFT LETTER TO NWA REGARDING AIRCRAFT TAKE-OFF PROFILES Chair Beaty explained that in working with the Northern Dakota County Airport Relations Coalition, one of the firs issues chosen for joint action was the "close-in" vs. "distant" departure procedure issues. He explained that the Coalition agreed to send a joint letter to the MAC and Northwest Airlines asking to be involved in defining and choosing between the two procedures. He explained that Mr. Jon Hohenstein, City of Eagan, volunteered to draft a letter which is to be signed by thee Mayors of each of the five represented communities. Beaty explained that this letter was reviewed at a recent workshop with the City Council and a number of revisions were suggested. Beaty stated that this letter should reflect accurate numbers in how the corridor is not used properly. Administrator Lawell suggested that the letter could include 1994 Departure counts off of Runways 11 L and 11 R. The Commission noted that an older community, such as Mendota Heights, did not have the luxury like a newer community, such as Eagan, to develop areas based on airport noise impact. � Administrator Lawell stated that Commission Surrisi suggested that the letter be addressed differently. Commissioner Olsen concurred and stated that the letter should be directed to the CEO of the company. Commissioner Beaty stated that Commissioner's Surrisi's suggestion to test the procedure first instead of implementing immediately was a good idea. Commissioner Olsen stated that he does not want the City to endorse an idea that will increase noise in other parts of the City, such as the river valley. The Commission briefly discussed the Global Positioning System and how, with its preciseness, could create more of a noise problem in areas where air noise may be random. Chair Beaty stated that with this system, the corridor may shrink. The Commission directed staff to make the revisions to the letter and have a copy available for their review in June. 3 DISCUSS BACKGROUND INFORMATION ON MSP NIGHTTIME AIRCRAFT OPERATIONS Administrator Lawell explained that this item was identified by the Northern Dakota County Airport Relations Coalition as one of their top three priorities for joint action. He stated that this issue has also been chosen by the MASAC Operations Committee as a topic which needs to be addressed during 1995 and discussions related to this topic began in April. Lawell reviewed material, which was submitted as background information at the recent MASAC Operations Committee meeting, on the subject of nighttime aircraft operations. The Commission discussed enforcing voluntary nighttime restrictions, and runway use considerations and crosswind runway use. It was noted that Mr. Wagoner had informed the Commission that weather conditions largely dictate runway usage and that runway usage is determined, usually, at the beginning of the day. DISCUSS STATUS OF NON-SIMULTANEOUS DEPARTURE PROCEDURE IMPLEMENTATION Administrator Lawell explained that at a recent meeting, Mr. Nigel Finney informed him that he had finally authorized the environmental work to be done. Finney had explained that he had instructed Mr. John Foggia to contact HNTB to set up a meeting to discuss the type of work to be done and to get the process started. Lawell explained that he has sent a letter confirming his commencement of this work and asking that the City of Mendota Heights be included in this process. The Commission briefly discussed possible ideas in minimizing the impact of aircraft noise during nighttime operations. DISCUSS PREPARATION FOR UPCOMING PRESENTATION TO THE MENDOTA HEIGHTS CITY COUNCIL Administrator Lawell suggested that the Commission consider reviewing their Plan of Action Report and outline their progress throughout the past year. The Commission was of the consensus to present their progress report to the City Council on July 18th. 4 f MISCELLANEOUS DISCUSSION Chair Beaty stated that the workshop, the Mayor discussed the Dual Track Process. Beaty stated that he had informed the Mayor that the Commission supports the Council's stand on the Dual Track Process. Beaty explained that the Mayor had discussed that it is now time that the City take another stand and inform the MAC that Mendota Heights has been treated unfairly and that the City believes the airport should be moved. Beaty stated that the Mayor believes that other cities may feel the same way and take a.stand with Mendota Heights. Beaty informed the Commission that some Councilmembers are concerned that Mendota Heights may receive negative advertising if this new position is pursued. Commissioner Olsen pointed out that the City has always looked at having the airport moved because of the air noise. He stated the City has not discussed, if the airport is relocated, how that will affect the City's industrial park and its residents who choose to live close the airport. Administrator Lawell stated that the City of Bloomington wants the airport to remain. Chair Beaty suggested that this item be discussed at a future Commission meeting as there are a lot of pros and cons to this issue. Chair Beaty stated that he would like to find out more about the GPS system. Administrator Lawell suggested that a representative from Honeywell be invited to attend a future meeting. UPDATE ON FEDERAL CHARGES OF PRICE-FIXING JNVOLVING CONTRACTORS PERFORMING PART 150 SOUND INSULATION WORK Administrator Lawell informed the Commission of the status of the contractors working for the Part 150 Sound Insulation Program. He stated that three contractors have been indicted, but that the MAC has done an admirable job handling the administrative implications of this action, and in minimizing the impacts individual homeowners will face as a result. 5 ADJOURNMENT There being no further comments, the Airport Relations Commission moved to adjourn its meeting at 10:30 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary :� �� . -. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY � MINNESOTA PLANNING COMMISSION MAY 23, 1995 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 23, 1995, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:30 o'cl'ock P.M. The following members were present: Dwyer, Koll, Friel, Betlej, Lorberbaum, Duggan and Tilsen. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES � Commissioner Duggan moved appro corrections. Commissioner Lorberbaum seconded AYES: 6 NAYS: 0 ABSTAIN: 1, BETLEJ CONTINUED HEARING: CASE NO. 94-36e SALMEN - SUBDIVISION AND VARIANCE val of the April 25, 1995 minutes with Chair Dwyer briefly explained that Mr. was before the Planning Commission i subdivision/lot split and variance to lo� meeting, the Planning Commission ex� regarding public streets and utifities ar the public vs. private street debate. C Commission continued this hearing to meeting in order to provide Mr. Salme public streets, emergency vehicle accE and house location. Chair Dwyer explained that at their Ja 1 motion. Robert Salmen, of 1694 Dodd Road, i November requesting a frontage. He explained that at that ressed a number of concerns d the details that are attendant with wyer explained that the Planning the Planning Commission's January i time to clarify issues related to ss requirements, utility easements meeting, the Commission was informed that Mr. Salmen had suffered health problems and that Mr. Salmen requested that the hearing be continued to their May meeting. Chair Dwyer explained that the City has not received a reply from Mr. Salmen. Administrative Assistant Batchelder informed the Commission that he had spoke with Mr. Salmen today and that Mr. Salmen is requesting that the Planning Commission continue the public hearing to August 22, 1995. Commissioner Friel moved to continue the public hearing to August 22, 1995. Commissioner Duggan offered a friendly amendment stating that no hearing be conducted unless the following five conditions are met by the applicant: 1. That easements be required for all utilities including a ten foot public access and utility corridor along the southern property line for both the existing lot and the lot proposed to be subdivided. 2. Private easements should be amended to incorporate and coordinate snow plowing, rights of access by a fourth lot, and future conversion to public right-of-way for the fifty foot access strip. 3. That an appropriate turn around be designed and included on the proposed subdivision plans with the provision of an easement of the same dimension as a public cul-de-sac at the end of the private road. This private easement may have to include the Boyte property as well. � 4. Confirm with the Fire Department that absolute minimum requirements for safe access, grade of street, all weather surface, width of street section and dimensions of an adequate turnaround for emergency vehicles. . 5. Inclusion of a building pad on the proposed new lot that demonstrates grading changes and impact on the wooded characteristics of the lot. Commissioner Friel accepted the friendly amendment. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 2 i ' Chair Dwyer directed staff to inform Mr. Salmen of the Planning Commission's continuance with conditions. Administrative Assistant Batchelder informed Chair Dwyer that� staff would notify Mr. Salmen. DISCUSS RECOMMENDATION OF THE ATHLETIC STADIUM SUBCOMMITTEE REGARDING LANGUAGE TO BE FORWARDED TO THE CITY COUNCIL Chair Dwyer info[�med the Commissio I that City Attorne Tom Hart, Y Commissioner Friel and himself inet on Monday morning to discuss specific ordinance language reflecting concerns of the Commission and area schools regarding location, noise, lighting, etc � of athletic stadiums. Chair Dwyer explained that the subcommittee came up with an alternative ordinance language and that Attorney Hart would prepare this information for Planning Commission review in June. HEARING: CASE NO. 95-08: KING - CUP AND VARIANCES Chair Dwyer explained that Mr. Lawrence King, of 5 Beebe Avenue, was before the City Council on May 1, 1995, requesting renewal of his Conditional Use Permit and variances because he had not built his garage after receiving approval from the City in 1991. The City Council directed Mr. King to appear before the Planning Commission because the Conditional Use Permit and Rear Yard Setback Variance and Accessory Structure Height Variance had expired. Mr. King explained that he is proposing to extend his garage three feet towards Ashley Lane and that he intends to add a second story to the garage. He explained that his garage was built in 1939 and that it is very small. He stated that certain models of vehicles do not fit in the garage and that it does not have adequate storage� space. He stated that his hardship is that his garage is set into his yard on three sides. He stated that the only other alternative would be to demolish �the garage and excavate the rear yard.. Commissioner Tilsen inquired how far the garage extension will be from the property line. Mr. King responded 12'9". He further stated that a side yard setback variance is also necessary. Commissioner Tilsen inquired if Mr. King is looking for a two foot variance � Tilsen also inquired if the garage will be attached to the house and if any trees will be lost. Mr. King 3 responded that r�o trees will be lost. He explained that there is one diseased tree which will probably be removed. Commissioner Duggan noted that with the elimination of the diseased tree, poor visibility will be corrected. In response to a question from Commissioner Tilsen,� Mr. King explained that he will be improving the drainage. He explained that currently, there is a water spout which flows onto the sidewalk which creates ice during the winter time. He stated that this is a very hazardous situation. He explained that the spout will be moved to run towards the house and away from the sidewalk. In response to a question from Commissioner Duggan, Mr. King explained that there is not a neighborhood drainage problem. He explained that the improvements to the current drainage problem are motivated largely because of the poor drainage along the steps and sidewalk. Commissioner Tilsen inquired of the side yard setback distance. Planner Uban stated that the existing structure is approximately less than ten feet. He stated that he did not have accurate plans. Commissioner Duggan inquired of elevation changes. Mr. King responded. with respect to the main structure, the existing elevations will remain. Commissioner Duggan reiterated that the diseased tree should be either trimmed or removed to improve visibility. He further stated that raising the roof should not be a problem. Commissioner Lorberbaum inquired, as per the Planner's Report, if the trees will be affected by the proposed structure. Mr. King responded no and that the branches will be trimmed. He informed the Commission that he is aware of the tree root line and that he knows how to protect the trees during construction, as he has a forestry background.. . Commissioner Betlej inquirec� of building material type. Mr. King stated that the material will match the existing material. He explained that currently, the roof material does not match and that with the addition of the second story, the entire roof will now be cedar. Commissioner Betlej stated that by constructing the addition, there will not be an increase in impervious surface. Commissioner Friel stated that Mr. King is presenting the same proposal from 1991 and that there now have been changes in the City's ordinance requirements with regard to accessory structures and side yard setback requirements. 4 In response to a question from Commissioner Koll regarding if the original Conditional Use Permit has expired, Chair Dwyer responded yes. Commissioner Koll stated that the proposal is an improvement to Mr. King's property. She further stated that she feels the height of the structure is not a problem if appropriate landscaping is used. She stated greenery will help cut the height of the structure. Chair Dwyer opened the meeting to the public. � There was no one present to discuss this matter. � � Commissioner Duggan moved to close� the public hearing. Commissioner Betlej seconded the motion. AYES: 7 NAYS: 0 Chair Dwyer noted that in 1991, the City Council required that Mr. King submit a drainage plan. He stated that Mr. King should now modify his drawings to show how the drainage will runoff with the new modifications to the downspout and gutters. Chair Dwyer inquired how much dirt v� has not calculated how much fill will b that information available for City Coui Chair Dwyer inquired about a landscap retaining wall be installed and that orn� along the border of the wall. He state� Planner Uban stated that the height of and safety issue. He stated that a fen� children do not fall. He further agreed help break up the structure. II be moved. Mr. King stated that he : brought in and that he would have cil review. � : plan. Mr. King stated that a mental plantings will be installed the wall will be six feet high. :he proposed retaining wall is a code e could be installed on top so that that shrubs should be installed to Commissioner Friel stated that Mr. King has not proven hardship. Commissioner Duggan stated that the size of the existing garage is not suitable for the current ordinances. He� further stated that there are slippery and dangerous conditions during the winter time. Commissioner Friel still questioned hardship. Commissioner Koll stated that the garage was constructed in 1939 and that Mr. King Ihas no choice but to extend his garage. Commissioner Friel responded ithat Planner Uban suggested that Mr. King could demolish the structure and re-excavate. He stated that this may be economically difficult, nevertheless, it can be done. Commissioner 5 Duggan stated that this suggestion would cause t�ee loss. Commissioner Duggan inquired how visitors will park. Mr. King stated that a circular driveway will be constructed at the front of the home which will alleviate street parking. He stated there will no longer be an entrance from the rear of the house. He stated that his contractor will work the City's Engineering Department to determine proper elevation of the driveway. Commissioner Duggan stated that excavating towards the house is not a wise idea and that adding another garage is a silly idea. He .stated that attaching a garage does not make sense. Commissioner Friel stated that demolishing the garage and re-excavating is expensive and that it avoids setback variances. He stated that this process would also do away with an undersized garage. Commissioner Koll moved to recommend that the City Council grant a 22 square foot variance to garage size, a 2' side yard setback, a 2' height variance and 17'3" front yard setback variance. Commissioner Duggan seconded the motion and stated that the current City Councilmembers approved this request four years ago. AYES: 5 NAYS: 2, LORBERBAUM, FRIEL CONTINUED HEARING: CASE NO. 95-05: THARALDSON ENTERPRISES - (HERITAGE INN) - CUP FOR RESTAURANT Chair Dwyer introduced this request by explaining that representatives from the Heritage Inn, located at 1330 Northland Drive, were present at the April Planning Commission meeting requesting a Conditional Use Permit which would allow the Heritage Inn to operate a public restaurant iri the Industrial District. He explained that the Planning Commission continued the hearing to its May meeting to allow representatives from the Heritage Inn to submit information on parking and restaurant floor plans. Chair Dwyer explained that 143 stalls are needed if both the hotel and restaurant are used for public use. He stated 73 stalls exists and that Tharaldson Enterprises has submitted 44 proposed parking stalls as proof of parking. He stated that there is a total of 117 stalls and that 26 stalls are _ still needed. He stated that according to Tharaldson, the restaurant 0 proposes to seat 66 people. Chair Dwyer stated that there are a number of issues which greatly concern him: 1. According to the original restaurant was proposed, proposal for the hotel, no one was built. 2. As built plans, as required by the City's Code Enforcement Department, were not provided. 3. A liquor license is now being requested. He stated that in April, the Planning Commission was informed that a liquor license was not going to be requested. Mr. Keith Gartland, Manager of the Heritage Inn, informed the Commission that he has brought the as built plans �and he provided them to staff. Chair Dwyer informed Mr. Gartland that what was constructed is different than what was originally proposed to the C.ity. Mr. Ken Scheel, Tharaldson Enter ris Is, ex lained that the in house P � P plumbing changes regarding venting are minor. He further stated that the Code Enforcement Department was aware that the restaurant was to be constructed. Chair Dwyer responded that the City was told that a continental breakfast was to be served in this hotel with additional food being catered in to the facility. He stated that no restaurant was planned. Mr. Scheel responded that the City's Code Enforcement Department was aware of the restaurant. Commissioner Duggan informed Mr. Scheel that serving liquor in an establishment which is privately used by pilots is not a good idea. - I In response to parking concerns raised by the Commission, Mr. Scheel stated that the parking study provided to the City a couple of years ago indicated that even at 100 percent occupancy, parking is sufficient as most of the people using the Inn are bused 'in. He stated that normally 30 to 40 spaces are occupied and that parking will not be a problem. He stated that there is not enough property for all required spaces as per the City's Zoning Ordinance. I Commissioner Friel stated that the liquor served at this establishment the April meeting, Mr. Gartland inf 7 was informed that there would be no years ago. He further stated that at d the Commission that they would not be requesting a liquor license. Chair Dwyer stated that minutes from the last meeting should be reviewed. Mr. Gartland stated that they intend on serving only beer and wine. He stated that consumption will be at the facility. He stated that not serving liquor, guests will not be traveling from the hotel to consume alcohol. Chair Dwyer stated that there will still be traveling with the limited liquor license. Mr. Gartland responded yes and that it cannot be eliminated. � Commissioner Friel moved to continue the public hearing which would allow the applicant to submit additional information. Commissioner Duggan seconded the motion. Commissioner Duggan inquired if the restaurant will be open for public use. He stated he would like this confirmed. He further inquired if the restaurant will be open for one meal. He further stated that signage has not been requested. He inquired what the policy is on public use of a restaurant. He stated that traffic/parking studies should be resubmitted. He stated that he still needs to be convinced that stalls are not necessary. He stated that if the restaurant is successful, more parking stalls will be needed. Commissioner Tilsen suggested that the number of seats in the restaurant could be eliminated which would reduce the number of parking stalls required. Commissioner Lorberbaum stated that she visited the site and that food was available at 2:40 p.m. (buffet style). She stated that the box lunches were not refrigerated. , Commissioner Betlej inquired if there is undeveloped property adjacent to the hotel. Mr. Scheel responded yes. He explained that the lot adjacent to the hotel is five feet higher than the Heritage Inn property. He stated that ADA requirements call for the availability of ramps along with stairs. He stated that due to the higher elevation of the adjacent land, it is impossible to construct a ramp. Commissioner Friel moved to continue the public hearing to the June 27, 1995 Planning Commission meeting and directed City staff and the applicant to submit the following information: 1. Original plans submitted to the Code Enforcement Office. 2. Original site plans and application information as was submitted to the Planning Commission two years ago. 3. Cable video tapes from the April Planning Commission meeting. _ 4. Calculation of prep area for serving 66 people . E:3 Commissioner Duggan secanded the motion. AYES: 7 NAYS: 0 The Commission directed the applicant to submit the required information to City staff by June 15, 1995. - HEAR(NG: CASE NO. 95-Qfi. MINNESOTA DEPARTMENT OF TRANSPORTATION - CQNDITI{aNAL USE PERMIT Chair Dwyer introduced this appEication by stating that the Minnesota Department af Transportatian (MnDOT) is proposing to replace their existing salt starage shed, located at 2229 Pilot Knob Road, with a larger structure located in approximately the same pasition on the site. He explained that the replacement structure wi[I be targer so thafi it will store more equipment and material can be kept inside. He explained that MnDOT intends to raise the paved area and reconstruct the drainage control ta a new pond. Chair Dwyer exptained that Acacia Cemetery has informed the City of their erosion and drainage concerns. He further stated that Planner Uban has suggested that MnDOT review their landscape plan to meet ordinance requirements and that additional screening is necessary to help bl�;nd the ' facility into the existing industrial park�and cemetery setting. Dwyer further stated that Planner Uban has suggested that MnDOT should submit cotar designation and lighting plan information for City review. He also noted that additiona! grading information with erosion control measures that clearly demonstrates the siopes and berms along with views from adjacent praperty is also needed. Mr. John Pirkl, representing MnDOT, informed the Commission that there is screening in place, but sparse. He sfiated that in the northwest corner of the property they prapose to instatl three foot high trees. Chair Dwyer stated that three foot high trees do not provide adequate screening. Mr. Pirkl stated that the plan submitted is not a true landscape p[an but a concept plan. Chair Dwyer informed Mr. Pirkl of Acacia Cemetery's concerns wifih runoff and debris flying onto their properiy. Mr. Pirk1 sta#ed that there has been debris blown onta Acacia's property and that the MnDOT groundskeeper has been informed of the prablem. He explained that they intend to 0 reestablish the drainage ditch and that an excessive amount of fill will-be removed. Chair Dwyer stated that the regional trail system, near the MnDOT building, also needs to be screened. He stated that MnDOT's suggestion to berm and plant trees seems in adequate. Mr. Pirkl stated there are mature trees behind the shed and railroad property. Planner Uban stated that trees may be on the railroad property and that this area needs an evergreen character. He stated that the pond is being moved to the property line. He further stated that the drawings submitted are difficult to interpret how the grading will be completed. He stated that the City needs a site plan which shows contours and a landscape plan which shows screening. Chair Dwyer stated that the lighting plan is inadequate. Mr. Pirkl stated that a yard light is needed for night time operations and security. Commissioner Koll stated that she does not understand the drawings and Commissioner Betlej concurred. Commissioner Betlej stated, as per the City's Zoning Ordinance, that a site development plan, dimension plan, grading plan and landscaping plan are all required for the Conditional Use Permit process. Chair Dwyer stated that these requirements must be addressed. He moved to table the hearing until June 27, 1995. Commissioner Friel stated that there are no size limits on accessory structures in the Industrial Zone. He stated the limitations are only by setbacks and height. Planner Uban concurred. Commissioner Betlej noted his concerns for runoff from salt and chemical storage. Commissioner Koll noted that there is dirt piled next to the Acacia Cemetery property with slopes that are not protected or covered with vegetation. In response to a question from Commissioner Tilsen, Mr. Pirkl stated that roughly 2,000 to 3,000 yards of fill will be brought in. Commissioner Tilsen stated that the City requires a Conditional Use Permit for fill in that amount. Commissioner Tilsen inquired about the ponding area. Mr. Pirkl stated that it will basically be a wet pond based on 2.6 acres of hard surface. Mr. Pirkl also stated that a canopy will be placed on the structure which will mean cleaner water. Chair Dwyer directed Mr. Pirkl to meet with City staff to review the 10 \ Conditionai Use .Permit process. Commissioner KoU moved to tabte the pubtic hearing to June 27, 1995. Commissioner Tilsen seconded the mo#ion. AYES: 7 NAYS: 0 Chair Dwyer cailed a recess at 9:15 o'clock P.M. Chair Dwyer recanvened the meeting at 9.25 a'clock P.M. HEARING: CASE NCl. 95-02: CITY OF MENDOTA HEIGHTS - F[RE CODE IN INDUSTREAC DISTRtCT ZONING ORDINANCE AMENDMENT Fire Marshal Paul Kais�r was present to discuss his request ta am�nd Section 4.'1? of the Zoning Ordinance which would restrict certain types of building material allowed in the Business and Industrial zone. He stated that it wouid 6e in the best interest of #he City to determine what types of material is allowed. He stated that presently, types I through V are allowed. Kaiser expiained that with wood frame structures the potential fior a fire is higher. He cited severa! examptes such as outside storage containers being vandalized and catching on fire. Kaiser submitted information to the Planning Commission regarding different types of building material. Kaiser explained that Type 1 construction is typically high rise canstruction, Type 11 is a public building (i.e., 5ibley High School), Type III 'is waad interior with exterior masonry wa11s, Type IV is heavy timber construction and that there are none in Mendota Heights and Type V is wood frame (protected and unprotected}. Kaiser explained that he is requesting that the Zoning Ordinance specificaEly prahibit Types IV and V in the Business and Industrial zane Commissioner Tilsen stated that he undersfiands that Type IV building materiat is good in a fire situation. He stated that #he type of material �� consists of very large beams which take a long time to burn. He stated that while the likelihood of a contract using this material is low (so expensive), he does not want to eliminate the possibility all together. Kaiser informed the Commission that he is using the City of Bloomington's codes as an example to form the Mendota Heights ordinance. He stated that he did not inquire with the City of Bloomington if there are any Type IV buildings in their City. He stated that he believes that the expensive building materials precludes the construction of such a building. Chair Dwyer stated that the City has received correspondence from Mr. Dale Glowa, of United Properties, inquiring why the City should treat the Industrial District different than the R-3 District. Dwyer explained that Mr. Glowa points out that the elimination of Type V materials is unnecessary and that it seems that suitable fire protection features currently exist making wood structure buildings safe. Fire Marshal Kaiser explained that in the 1970's there used to be fire zones which were based on building distance from the Fire Hall. Kaiser stated that Type III material is of a higher value material and that most buildings are constructed in the Industrial zone. He explained that the City's Industrial Zone happens to be the furthest zone from the Fire Hall. He stated that in essence, the time of response is a major consideration in fighting fire. Commissioner Duggan inquired if the City should expand the building material requirement's to include churches in the R-1 district. Commissioner Friel stated that schools are required to use Type II materials and that these are more restrictive. He inquired how many other communities have #his requirement for schools and churches in R-1 districts. Fire Marshal Kaiser informed the Commission that the Heritage Inn could not be built in the City of Bloomington. Commissioner Betlej stated that Type V buildings are fully sprinkled, like the Heritage Inn. Kaiser respon�ied that fires develop on the outside of a building and can overpower the interior sprinkler system. Commissioner Betlej inquired if motels are �considered multi-story buildings and not warehouses. Kaiser stated that the Heritage Inn and Courtyard are the only two buildings in the Industrial District which are constructed with wood frame. He stated that all United Properties buildings are constructed with Type II material. Commissioner Betlej stated that one story buildings are different and that restrictions could be limited to buildings that are two stories or more. Commissioner Betlej stated that if Fire Marshal Kaiser's concerns are valid, then why restrict building material types to just buildings in the Business 12 and Industrial districts. Chair Dwyer opened the meeting to the public. Mr. Frank Dukey, of United Properties, stated that he is present as a landowner and not a builder. He stated that United Properties owns 90 acres of land and that there are many sites still available for retail and restaurant use. He stated that it is important to attract people to an industrial park and tha� they do not want their ability to attract clientele impaired. He further stated that United Properties does not want to impose undue safety conditions. Chair Dwyer inquired if there is a price differential between Type III and Type�V construction. Planner Uban responded that the cost level of steel beams are soon to compete with wood frames. Chair Dwyer stated that recently the City has be discussing how the City can attract amenities and that the City does not want to chase away potential tenants. Fire Marshal Kaiser stated that he does not want to restrict building material type to multi-story buildings. He stated a contractor could construct a 48.000 square foot one story building with wood material. He stated he is not comfortable with the multi-story restriction. Commissioner Friel suggested that the City Attorney should review the revised language to be sure that the language is integrated with consistency in the ordinance. Commissioner Friel stated that the construction standards seem to be focusing more on using steel and concrete materials. He stated that the concern over expense of single story construction is not as paramount as safety. He stated that extra costs in providing safer conditions seems reasonable. Commissioner Friel moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 Commissioner Friel moved to recommend that the City Council consider amending Section 4.17(3) of Zoning Ordinance No. 401 to add language as follows: 13 1. All buildings within the B and I Zoning Districts shall be of steel, reinforced concrete, Type III construction, masonry construction, or an equivalent or better. No building shall be constructed of Type V construction. subject to the City Attorney's review of integrating the language into the Ordinance with consistency. A brief discussion ensued regarding why Type IV material is being excluded from the Ordinance. Variance procedures were discussed by the Commission. Commissioner Tilsen felt that the City should not be more restrictive than we have to be. Commissioner Lorberbaum seconded the motion. AYES: 4 NAYS: 3, KOLL, BETLEJ, TILSEN Commissioner Tilsen noted that he is not in favor of excluding Type IV construction. HEARING: CASE NO. 95-02: CITY OF MENDOTA HEIGHTS - TREE PRESERVATION DISTRICT Chair Dwyer explained that because there was no public at the April meeting to comment on the Tree Preservation Ordinance and because the hour was late, the hearing was continued to the May Planning Commission meeting. Chair Dwyer stated that some fine tuning of the ordinance is necessary. He noted his concerns for restricting private property owners in limiting their ability to decide what is best for their property. � Administrative Assistant Batchelder explained that Councilmember Krebsbach has informed him that her intentions in requesting the Planning Commission to research a Tree Preservation District Ordinance is to not regulate single family homeowners but to preserve the character and prohibit clear cutting of large parcels of land. Chair Dwyer opened the meeting to the public. 14 Chair Dwyer informed the public #hat Mr. Robert Prior. 2455 Hampshire Court, and Mr. Joe Stefani, 182Q Vattey Curve, sent letters informing the City that they are opposed to the City placing restrictive regulations on pcivate property owners. _ Mr. Stan Linnell, 1407 Cherry Hili Road, stated that the City`s idea for a Tree Preservation Ordinance is a good one. He stated that the �question is how far the City shoutd regulate single family property owners. He stated that he does not want to see large parcels of land clear cut. He noted concerns for the Vltetlands areas in the City. He stated that the list of trees is too limiting. A resident of Mendota Heights, who is a Forestry Major, stated that the City needs ta educate its residenfis about the benefits of trees. He stated that an ordinance would prevent developers from clear cutting. The Commission discussed the possibility of performing a tree inven#ory. The Commission made some genera! changes to the ordinance regarding language. Commissioner Friel moved to recammend that the City Council adopt the Tree Preservation District Ordinance. Commissioner Duggan seconded the motian. AYES: 6 NAYS: 1, DWYER VERBAL REViEW Public Works Director Danielson updated the Planning Cammission on City Council actior� regarding recent planning cases. ADJQURNMENT There being no further business, the Planning Commission moved to adjourn its meeting at 11:11 o'clock P.M. Respectfully submitted, Kimberlee K. B(aeser Senior Secretary �N� ' T0: �� SUBJECT: MEMO Date: 5-24-95 Mayar, City Caunci[, and City Administratar Paut R. Berg, Code Enforcement officer ��• �i� euilding Activity Report for May 1995 CURRENT MONTH BUILDING ?EBMITS: Ho. Valuation Pee.Catlected • SFQ 5 1,002,306.00 8,171.71 APt 0 4 8 TONNHWSE 0 0 0 COtdDO 0 4 0 MiSC. 56 331,509.00 6,322.08 CJI 5 534,471.Q0 3,41'1.14 ----•------•----•------•-----------••---�••. Sub Totat 66 i,$73,786.Q0 17,404.43 TRAUE PERMITS� ' Plunbing 1p 427.00 uater 4 20.00 Sewer 2 35.00 HeStr AC� & Gas 73 592.00 ' ----------_•------------------------•------� S� iotal 29 t,Q14.00 YEAR TO OATE 9S I Na. Veluation Fee Coltectecf 4 9,619t504.OQ 13,65T.t4 ' 0 0 8 0 0 0 4 0 0 121 1,041,92T.00 17,364.45 33 1,82t,360.00 16,353.40 •-----------------------••----___----� t63 4,482,741.40 4T,375.44 ' 45 4 8 1,8b4.00 45.aQ 140,00 G5 4,983.00 � -----------------•-----•----_._----i i27 7,032.00 � YEAR TO pATE 94 Na. Valustion Fee Catlected 23 4,222,628.00 35,457.25 0 4 0 0 0 0 90 428,52L.04 6,264.98 128 1,431,309.00 22,114.92 i5 11,912,Ob0.00 50,373.�+2 �------•----------------------------- 176 18,4T6,521,00 114,214.7T 65 3b 36 4,401.00 180.00 �630.00 1t6 8,957.00 •------------------------•-----••--- 253 '14,168.Od l.icensins• � � � � ContractoNs ( � Licenses 22 550.00 ( 268 6,700.U0 � 241 6,025.00 -----------------------------------------•-+------------------------------------+------------------------------------ 7otal 11i 1,$?3,786.q0 19,528.93 ( 558 4,482,791.00 61,107.49 � 640 18,476,521.40 134,407.77 Np7Ec Alt fee amounts exclude Sac, 11ac, and State Surcharge. Amounts shas�m Nilt reflect only permit, plan check fee, and valuation amounts. NOTE: Ptease note the amounts shown fo� Condo�s are for units not nunber of buitdings. Mendota Heights Police Department rffsMORANDUM May 31, 1995 e TO: Mayor and City C City Administra o FROM: Chief Delmont Subject: Hiring of Probationary Peace Officer Introduction Request that the Council allow the police department to immediately hire a probationary peace officer from our existing eligibility list. Historv 1. Officer Roger Plath has been gone for approximately one year with permanent medical problems, and will not be back to active duty. 2. Officer Lee Flandrich is in training and will be in training for approxi- mately 60 more days. 3. Officer Hugo Blackfelner has suffered a recurrence•of his cardiac problems and is off duty pending an angiogram and possibly angioplasty or bypass surgery. 4. Existing patrol officers are being overworked, and_the overtime budget is •fast disappearing. . 5. The Cops Grant money has been guaranteed by a letter from the Justice Department. - 6. The heavy vacation season has begun. Recommendation That Council authorize the police department to hire a probationary officer from the existing eligibility list at a pay rate designated by the bargaining agreement. This officer will bring the department to its authorized strength as of 1/1/95. Dear COPS FAST Grant Recipient: U.S. Deparhnent of Justice Community Oriented Policing Services (COPS) Offrce of the Director ' 1100 Verntont Avenue, 1VW Washington, D.C. 20005 May 24, 1995 In recent weeks, many of you have contacted the COPS Office to inquire as to the status of your COPS FAST grant. I write to update you on our progress. We are in the process of reviewing the community policing summary materials and the Office of the Comptroller is analyzing your submitted budget information. Should we have any questions or concerns regazding these materials, we will contact you and work with you in order to get your FAST award document and payment materials to you as soon as possible. If you have not yet submitted your COPS FAST community policing summary and budget information, I encourage you to do so by July 1, 1995 so that we may ensure that you receive your awazd as soon as possible. We cannot process your awazd without those documents. The award date for COPS FAST is Mazch 1, 1995. This means that you may hire the officer authorized under your FAST grant and the COPS Office will reimburse allowable salary and benefits costs from the March 1, 1995 date. Please note that no reimbursement is available for salary and benefits costs paid prior to that date. Grant awards are being sent out or� a weekly basis. You will receive notification about your award soon. We look forward to working with your agency throughout the life of your grant. In addition to COPS FAST, the COPS Office will have information about our Standard Hiring Program available in early June. Since your agency already received COPS FAST funding, you will not have to submit a new application for additional officers under this new program. Rather, you will be contacted this summer to determine your need for additional officers under this program. If you have any questions, please contact the Department of Justice Response Center at 1-800-421-6770. Thank you for giving the COPS Office the opportunity to serve your agency. Sincerely, Gt,i'� oseph E. Brann Director, COPS Office CITY OF MENDOTA HEIGHTS �� June 2, 1995 TO: Mayor, City Council and City A FROM: Tom Olund Public Works Superintendent SUBJECT: Summer Helpers Recently Council authorized Public Works to hire three summer helpers to work part-time, two in the Pazks Department and one in the Street Department (part-timers � work Monday through Thursday, four days per week unless there is a rain da.y). Due to the work load this summer it is now apparent that we need to hire one more helper for each department. Adequate funds were budgeted to hire six workers. The following additional workers have been selected for summer employment as follows: Parks I3epartment Paul Giefer (returning summer helper from last year) Street Department Tim Oster (67 working days) RECOMMENDATION: 7une 12-5eptember 8 June 12- October 5 I recommend that Council authorize staff to hire the above two additional helpers for summer 1995. ACTION REQUIRED• If Council desires to implement the recommendation they should pass a motion authorizing staff to hire the above named workers. TJO:dfw '1�" -� a CITY OF MENDOTA HEIGHTS �� May 23, '1995 TQ: Ntayor, City Council and City Adminis� a�+�� ;• , � • • :- � •• • • t f SUBJECT: Proposed Window Installation Lloyds Food Products, Inc. - 1455 Mendota Heights Road 1 i • � � 1 Greystone Construction is proposing to eniarge one existing window and instatting an additionai window in the existing breakllunch room of the Lloyds Food Produc#s building located at 1455 Mendota Heights Road. M � M� The existing breatc/lunch room presently has one window which is 10'8" wide by 18" high. Lloyds wishes to replace the existing window with an operable 1Q'8"' wide by 4' high window. !n addition to enlarging the existing window, Lloyd's wishes to also have a new window installed in the same roam. The new window is proposed to be C'8"wide by 4' high which is also an operable window. (Please see attached drawings). � +�li ��; •� . I recommend that the City Council grant approval for the two windaws as proposed so that the Code Enfarcement Office may issue the building permit for the proposed minor alteration to the exterior of the existing structure as shown on the appiicant's submitted drawings. ' • t : • ; � if Covncit wishes to impiement the above recommendation, a motian should be passed authorizing the issuance of a building permit which would allow minor atterations by entarging an existing window and #he addition of a second window as per submitted drawings, at Lloyds Food Products, lnc. located at "! 455 Mendota Heights Raad. w � � � '` ,SoF�r oJt,�c. �,.r� �o ! -- — — — _ _ _ _ R�� :.' ' : �, �u,a ct+�.��rGr - - �, N�-+, ��,rrtoart w.cxcs - �''-% � ' �. P'�',�r �=t,ti•+ �►� � � .. a ; l • ' . 3 ' � ': t,. �' l,��- .� rl� 6�� 'uriNl� t�KYt L.+rYl��. ��.rx �» W��+dsN.t 7'd - �°c�� t „ . ��..,�,�� . 0 1p� r � « _ � �l t� p f � � � � ��fl � 13'--- �j��. � _ �� J3 =�" �; . , . .. ' : . ;.;�`�, . 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'...�...�:-.:.... »,.___,,,......,,,,.4..-••-- . . 5 '' (�+ � /�/ * ' iritlV S�ri1 rn •d+e*A'�{ �rv��tnrTrrlii / ;, • . ,1-.r... .....,.,,�._. ..�.�.....� ....�.��......�. y7rYJ9� tt � • . . ��I. , . �4-_...�.._...-=,... �:._. CSV7C' 1�oniir i . • �r • . • (�vi�+' yls� "+dva) � ' • . � i _.. ._ .._. -.�.+t�oad d�ia " � i � i . ` . ."' � i a.... .._. . _... _ _. -.. �. . .,. ._ _ �.._. _ _. . . _ _,.._. _..�..�.._ y �... ._ ._ _.». _ �.._ _ .. _... ._. _. ,..._ — _ .» - _ _ ... _ ._ _ _ , .._ _i. . . . � • i C-�,-.�,., �s.)�+.�� .• .. .: �,> / . �'•r�.�� . , r• y/slcso'1PYY�i.'7h�sli�ihi� �� k . .,t . .� :s,�o-�zr5�� -> > � � , ' .�. • i ' 't. i ,�". ''' O t 'V' "'� � �t:� '1VSin%'3n�.L`a �-(-^-- ._. � _ _ ... r _ .... i�- _ �_.. .. � .� _._ .. � 9NI..La�aJ �OIS. - • - ---► ; ` . • � , ' ' • ' ,: ' ' ,T ... _.. . _. -- " " r -- ... —' — '. . _ �. ._ t — ' � ,}, j ' � CITY OF MENDOTA HEIGHTS �� May 26, 1995 TO: Mayor, City Council and City Admini FROM: James E. Daniels � Public Works Direct SUB�TECT: Dakota. County - 1996 - 2000 Capital Improvement Program DISCUSSION• Dakota County is currently preparing its 1996-2000 Capital Improvement Plan (CIP) and is soliciting comments from the cities (see attached letter). The Pazk and Recreation Commission and staff have reviewed the County's 1995- 1999 CIP and have arrived at the following comments for consideration by the County in preparing their 1996-2000 pro"gram. 1. Pilot Knob Road (CSAH 31) and Lexington Avenue (CR 43) are currently being improved by Mn/DOT in conjunction with the Mendota Interchange Project. �'he County needs to review this project to insure that adequate funds have been set aside to cover their participation in these projects. There has been some confusion about the amount of County participation in the trail construction for these projects and Mn/DOT did not distribute the costs cornectly (tao much money charged to the City). The Lexington Avenue trdil is a County designated trail and should be funded entirely by the County. The Pilot Knob Road trail should be funded entirely by the County from Mendota Heights Road to Trunk Highway 13's new alignment as part of their Soo Li.ne Road trail. North of Trunk Highway 13, the County should provide for their normal contribution for trails. 2. The County's storm sewer on Wachtler Road (County Road 8) in the vicinity of Econ Laboratories needs major reconditioning. This work may not be "CIP" funded, but should then be considered for General Fund. 3. Northern Dakota. County is served only by Thompson Lake Park, an undersized County Regional Park. Current Dakota County Park Policy is that land acquisition will not be pursued outside e�cisting regional parks until such time as these existing parks are fully acquired and developed. The Parks and Recreation Commission believes that opportunities may be lost under the County's park acquisition policy, in - particular, opportunities that exist with land on the westem portion of Resurnection Cemetery. Resurrection is currently pursuing a new Master Plan for the cemetery and have indicated that public/private options may be available for the Augusta Iake area. Dakota County should consider this option for their park system. 4. Delaware Avenue between Huber Drive and Mendota Heights Road does not meet County Iiighway standards for shoulder widtli. Maay residents walk, jog, or bicycle along this stretch of road creating a dangerous situation due to the narrow, or non- existent shoulders. The�City has requested the wideni.ng of this road in the past. The Parks and Recreation Commission feels that Dakota. County should include this item in their Capital Improvement Plan. 5. Wentworth Avenue between Delaware Avenue and Dodd Road does not meet County Highway standards for shoulder width. Many residents walk, jog, or bicycle along this stretch of road creating a dangerous situation due to the narrow, or non-existent shoulders. The Parks and Recreation Commission feels that Dakota County should include this item in their Capital Improvement Plan. RECONIlVIENDATION: We recommend that the above comments be forwarded to the County for their consideration for inclusion with their Capital Improvement Plan for 1996-2000. ACTION REQUIRED• Review the County's 1995-1999 Capital Improvement Plan for additional City/County needs for the 1996-2000 budget cycle and then if Council desires to implement the recommendation they should pass a motion authorizing staff to forward comments to the County for consideration for inclusion within their 1996-2000 Capital Improvement Plan. Attachments L�/� �OT�1 �C� UI \l T Y BRANDT RiCHARDSON CQUNTY ADMINIS7RATOR TE�EPHONE �. (612)438-4418 DAKOTA CQUNTY GOVERNMENT COMPIEX ]590 W. HWY. 55. HASTINGS. MlNNESOTA 55033-2372 Aprii 28, 1995 Cha�tes E. Mertensatto, Mayor City af Mendota Heights 1 't 04 Victctia Curve Mendata Heights, MN 55118 Dear Mayor Mertertsotto: Dakota County is updating its annual Capital Impravement Pragram (CIP) and is seeking your assistance. Attached is a copy af the adopted 1995-1999 GIP. We woutd appreciaie any suggestions conceming changes ar modifications #hat yau would like to see incarporated in the Count�r's 1996-20QQ CIP. � If possible, formal comments from yaur City Cauncii should be submitted. Your eomments should be sent ta Cindy Schaedig, County Administration, 1590 Highway 55, Hastings, MN 55033. Please respand by June 9, 1995. � If you have any questions about the pracess, call myseif ar Cindy Schaedig at 438-4418. For furti�er informa�on about specific project areas, please catt the foilawing indivic3uals: Highway Projects Parks Projects Bikeway Projects Buiiding Prajects Leziie Vermillior� 891-7100 . Barb Schmidt 437-6608 Lynn NtQratzka 891-7033 Ken Harrington 438-4542 • Thank you for your time and consideration. Sincerely, I �`��.�- . Brandt Richardsan County Administrator cc: Thomas Lawell, City Administrat�r .lames Danielson, Pubiic V1toc3cs Di�ec#or oxiPitrl __ _ Printed an Recvcled Paner AN EQUAI OPPORTUNI7Y EMPLQYER YEAR 1895 1995 1955 1995 1995 1995 1$95 1995 1995 1595 1995 iess 1995 1995 1995 1985 �ass 1985 1995 HIGNWAY CIP 1995 - 1999 PROJECT ROAD SEGMENT (FROMlTO) DESCRIPTION CSAM 14 TH 110 - GSAH 73 4-LANE UNpIVIDED CSAH 14 TH 3- 2nd Streat 4-LAME L�pNlDED CSAM 14 CSAH 73 - TH 3 4-LANE U�VDNIDED CR 28 CR 43 - 71i 149 4-LANE DiViDEQ CSAH 42 CR 87 -- TH 61 REC013STI2-iANE llRBAN CR 46 CSAH 5- JOPLIN AVE. RECONST./BRIDGE GSAH 50 JUBlEE WAY i0 JOFiDAN TFi. 3- i_ANE RECONS?'. CR 64 CSAH 31 - TH 3 CONST. 2-LANE CSAM 68 CSAH 54 - EAST COIJNTYLINfRECON. 2L,/BRIDGE REPL. CSAht 88 GOODHUE CO. TO 1500' WE8T2 - I.ANE RECONST. CSAM 2 US 52 (ROBERTST.)-E CTYLIt2-LANE RECONST. CR 28 TFi 149 -- CSA!-f 63 CONST. 2-UWE CSAH 31 CSAH 42 - CSAH 33 DESIGIV ENC3INEERWG CSAH 32 CR 43 - CHES MAR 4-LANE DIVIDED CSAN 32 TH 3 AND CSAH 32 MN1DC?T DES. EN{�INEEt�IhtG CR 46 CSAH 23 - CSAH 31 4-LANE DIVIDED CSAM 47 8. OF TM 50 TO 0.25 M EAST 2-LANE URBAN CSAH 50 W. CSAN 9 TD W. HAMBkJFiG A'3 - U�IE FiECQNSi'. CSAH 50 W. HAMBURG AVE. TO E. CSAF3 & 4-LANE CONST. PAGE NO. 9 10 11 12 13 �a 15 16 17 18 18 20 21 22 23 24 25 28 27 FROJECT NO: � 14-05 i 4-17 14-12 28-12 42-45 46-05 50-OB 64-08/08 68-04 88-10 2-01 28-15 31-38 32-28 32-32 46-06 a�-� 50-02 50-04 1895 CSAH 5 AT f 50'fi-i STREET TRAFFtC SI{3NA� 28 5-26 1995 CSAH 23 A7 CSAH 42 INTERSECTION IMP. 29 23-34 1995 GSAN 23 A71571`!-{ STf�EC TRAFFIC SIGNAL 30 23-48 1995 CR 28 ATTN iA9 TAAFFt� SIGRIAL 31 28-17 1995 CSAM 38 ATJOHNNY CAKE RIQQE ROAILT. AND RT.TURN LANES 32 39-21 1995 GSAH 50 AT 1PAVA AVE. TRAFF6C SIC�NAL 33 50-Q7 1955 CSAH 86 CASTLE ROCif - TH 3 �l1ARD RAL 34 86-12 1995 UNSPECIFlED S{G{VAl PRO.ECTS VARIOUS LOCATkONS and PAiM'UVG CONTRACTS 1995 OVERLAYS AiVQ MISG. PRQJEGTS VARtOUS LC}CATIONS 1995 WE'iLAND RESTORATiON VAi�OUS LOCATIONS 1995 CIP REIMBURSEMENT TO ENGINEERING-OPER EXP 1995 FitGHT OF WAY APPflAlSA�S 1985 TURN9ACKS 1995 MISC. OTHER R/W AND CONST. m 36 37 38 39 � aa 41 30TA1. COST $2,64Q,000 �s2�,aoo S1,040,OOA 52,60Q,000 53,300,000 510,190,00{1 sz,saa,000 S1,tI45,000 51,483,OOD S'fViVW $750,OU0 S��}Qr{id{} $225,000 s�,aao,00a S� s,aoa a3,604,800 5225,OQ0 $2�250,000 $6,Q60,OOQ S90,OOfi $850,000 594,4W $95,OW $ao,aoo �6Q,000 at s,000 S14o,o00 at,,ss,000 650,OC10 �5M83,OnO�G �1 W�W V �250,000 $100,000 GiTY COST $i,3Q0,QQ0 5312,00� $520,OU0 �1,30l7,000 s�,sao,000 32�218,000 Ssoo,aao , $348,274 So So 5188,000 5405,Q00 $101,00� a680,000 ST,000 51,721,000 $10,000 $600,400 560dJ,000 S45,000 5293,000 S50,o�0 5�3,750 Ste,000 S20,UOQ ao 55o,oao SO a0 $0 So �0 �0 UTNEFt COST 3� ,aoo,000 S3i 2,004 $520,000 $4 51,40p,000 55,744;000 ��,saa,00a 3j aa,800 $t ,483,000 So 5375,000 SQ SO 5602,000 SO $63,000 �215,000 �1,505,004 35,260,000 COUNTY COST SO sa ' �0 $1,300,Q00 $8 �2,218,4q0 S10o,t30o ssss,�zs ao 340,OOQ S187,000 �495,000 St 24,OOd 548,000 �8,00a $1,720,800 $0 5145,OOd S2oo,aoo SO 545,000 SO 5357,040 �0 S4Q,400 $4T,500 523,750 SO S22,QQ0 S44,OQa 520,000 So S15,Qoo SO S80,OQQ So SO $0 �o SO So Si �155,000 550,000 5583,Q00 Si 04,044 $250,000 S10Q,Q00 1995 TOTAL CONSTRUCTIQN $44,079,800 �13,580,024 $20,506,500 $9,993,276 AMtClPATEO CARFiYOVER TO i988 �11,563,800 �5,206,274 �3,840,004 52,917,526 1995 TOTAL. CON$7RUC710N pC►LLARS SPENT IN 1 532,116,OQ0 SB,373,750 ;16,666,500 ;7,075,750 L�: �� PROJECY PAGE YEAR FiOAD SEGMENT {FROM;jTO) DE�CFitPTtON NO. 1996 CSAH 5 S. OF CR 46 - 0.5 M. N. OF I-� LANE RECONST. 43 1996 CSAH 9 A7 CR 15 INTERSECTION IMPROVEMENI. 44 1996 CSAFi 2S INTEFiSECTIC}NS WtiH CR 96 INTERSECT. tMPROVEMENT 45 1898 CSAH 28 NEL ARMST. BLVD 70 TH 55 4-I.ANE DIVI�ED 46 1996 CSAH 31 CR 48 - TH 50 4 t.ANE RUflAL. & NEW ALkGRt. 97 1996 CSAFt 3S CSAH 42 - CSAN 33 4-�ANE tlNDiViDED 21 1996 CSAH 31 CSAH 42 - CR 46 4-LANE DIVIDED ' 48 1996 CR 58 FLAC9STAFF TO CSAH 31 CONST. 2-LANE 49 t998 CR 58 CSAFi 31 TO TH 3 CO(VST. 2�1WE 50 1986 CR 64 CSAH 31 = TM 3 PAVE 2-LANE 16 1998 CSAH 73 TN 52 TO CSfW 71 2-I.iWE REC�i+#Si. 51 1896 CSAH 74 CFiI NW RFi - TH 3 2-I.ANE RECON$T. 52 199& CR 11 AT WEST JCT. OF CSAH 38 TRAFFIC SIC3NAL 53 1898 UNSPECIFIED SIGNAL PRO,ECTS 35 AND PAIi�!'TIAt� CONTFfiACTS 1996 OVERLAYS AND MISC. PROJECTS 36 1996 VItGTLAND flESTOFiATIQN ' 37 1998 CIP REIMBURSEMENT TO ENGINEERING-OPER D(f' 38 1996 RIGM' OF WAY APPRAISALS 39 199B TttRNBACKS 48 1996 MISC. OTHER RMI AND CONST. 41 tss7 1997 1997 t997 1897 1997 1957 1988 TOi'AL CGtI�lSTRUCi'IOTV CSAH 23 CSAFi 9- 0.5 M1. Sq. CSAF! 704-LANE RURAL 55 CSAH 26 TH 55 - CSAH 83 4-LANE QiViDED 56 CR 28 DENMARC AVE. - CSAH 31 TUf�LANES, SIG. & BRIDGE E 57 CSAFi 70 1-35 BRlDC3E RECONST/BRID{3E 58 CR 73 CSAH 32 - CSAH 42 2-LANE RECON/PAV ' 59 CSAt-{ 5 AT WLLtAMS ORIVE FiT. TUR1*1 i.�WES 60 CSAH 31 AT HIG!-1 SITE OflNE TRAFFIC SIGNAL 61 t9S7 UNSPEC3FIED SIGNAL PROJECTS � AND PAINTIN(3 CONTRACTS 1 S97 OVEFiLAYS A1yD MiSC. PFiOJECTS 1997 CIP REIMBLIRSEMENT TO ENGINEERING-OPER EXP ! 997 R{C3HT OF WAY APPAAt3ALS 1997 . TURNBACKS 1997 MISC. OTHER H/W ANO CONST« 189T TOTAL. CONSTRUCTtON ss 36 38 39 40 41 PAOJECT NO. 5-27 9-15 23-41 28-28 31-31 31-38 31-38 56-42 ss-o3 84-OB 73-10 74-04 it-10 23-43 26-22 28-21 74-06 73-08 5-3(3 31-41 TOTAL COST $1,500,U00 5300,QQ0 5300,OOfl S1,6Qp,Q00 as,7oo,aao $4,3i 8,080 �2,1 Q0,000 � s�4a,000 390Q,066 5175,000 S4,000,t�oo 5811,200 590�004 5530,000 5�1,1 OO,OOQ 550,000 a583,0U0 St 00,04Q St 00,000 S1oo,C►4o 522,855,20D sa,2oa,000 �2,657,000 52,220,000 S1 F800,000 • $1,225,Q00 Si 50,000 S90,C100 $530,000 $1,200,400 �ssa,aoo 5300,0�0 0 0 310U,Ot}0 St oo,000 514,955,Q00 CCfY COST �737,040 St 35,000 SO 5785,OOp S3,ssa,000 Si ,867,500 51,050,000 S225,000 S22s,00a $33,750 Sa5o,000 $388,725 345,000 5250,000 �0 SO �0 SO SO SO s9,S41,975 S�,ssa,00Q 51,298,000 $912,50Q �396,90Q �551,Op0 375,OIX} �45,QUQ S25o,o00 SO $0 $� 30 $0 ;5,418,400 � �OTHEfl COST $27,000 �4 S2sa,aoo $815,Op0 $675,000 $0 $1,050,OQ0 So �� ao,oao 50 5550,000 �33,750 $0 aa So SO $0 SO So So 53,580,750 �2,310,044 St ,359,000 5220,000 �1 �058,000 $0 �0 ;$0 So 30 �a $0 �0 �0 54,947.000 COUNTY C05T a736,000 Si65,000 S�o,oaa SO S2,s7�,oaa 52,446,500 ao sa7s,00a 5535,000 5141,250 SO 3388,725 S45,OIX3 s2eo,000 St ,t 00,000 �sa,aoo $583,000 �� aa,000 Si oa,00a S10Q,000 SJ,732,475 �4 $0 51,�87,500 5345,100 $674,000 375,000 $45,000 ` �280,000 ��,2oo,aao $583,000 $10Q,40Q Si OO,Q00 �t ao,000 s4,589,600 � YEAR 1998 1998 1898 1998 19� 1998 1998 1998 1988 ROAD SEGMENT (FROM/TO) CSAH 28 CSAH 63 — CSAH 73 CSAW 26 CAHILL�AVE. — TH 56 CR 31 CR 78 Tia Q.75 M NORTH CSAH 31 CR 28 TO DiJCKWOOD CSAH 32 CR 43 TO TH 3 CR 38 TH 3 iCt CR 73 CR 78 CSAH 23 TO CR 31 CSAM 80 CSAN 9 TO CSAH 23 CR 89 CR 62 TC7 CSAH 4T PNOJECT DESCRIPTION 4—LANE DIVIDED 4—LANE RECONST. 2—LANE RECONJPAVE TIaRN.ANES AND SIGNALS 4—LANE DIVIO�D 2—�ANE FlECOAlIPAVE 2—LANE RECQN/PAVE 2—LANE HECONlPAVE 2—IANE RECONJPAVE i998 UNSPECIFIED SIGNl�L PRO.ECTS AMD PAINTIP!{3 CONTRACTS 1998 OVEALAYS AND MlBC. PRQJEGTS 1898 CN' FiEIMBURSEMEM TO EIVGINEERING—OPER E77(P E 1998 RIGhIT OF WAY APPRAISALS 1988 7URNBACKS 1898 M1SC. OTHER R/W AND CQNST. PACE Nq. 63 64 65 66 67 68 69 7Q 71 1998 Tt]TAI.. CONSTRUCTtON 1999 CSAH 32 CSAH 71 — TH 82 CONST. 2 LANE 1999 CSAH 50 CSAH 31 TO E. TH 3 3—LANE RECONST. 1999 CR 64 CSAI-180 TO CSAFi 23 3—�APlE FiECOi�iSl'. 1989 UNSPECIFIEQ SIGNAL PROJECTS AhID PAINTINO CONTRAGiS 1999 OVERLAYS AND M15C. PAOJECTS 1999 CIP FiEtMBLJFiSEMENT TO Ei�l�tNEERti+l�—OPER EX#' 1999 RIGM' OF WAY APPRAISALS 1999 TURNBACKS i 999 MtSC. OTNER RNU AND CONS7. 1H99 TOTAL COtVSTFiIlCTlON FIVE YEAR TOTAL. 35 36 38 39 4Q 41 73 74 75 35 36 s8 39 ao 41 5 PROJECT NO. 26-27 26-29 31—+i2 31-44 32-34 38-15 78-03 8q-04 es—rn 32-30 50-05 ea—� o 70TAL COST 52,657,000 51,750,400 Sa25,000 $700,OOQ 54,500,000 S95o,o00 S1,5oo,000 51,375,OU0 S�,000,00a $630,Q00 �1,240,OOQ S''a83,000 S(�1♦0nO/�,O�Q/� M i VtlfLV4 $100,OOp Si 7�578.Q00 51,300,000 51,500,OOQ 52,000,0{)Q �630,OOp 51,240,000 S583,o00 5100,04U S14Q,OQ0 5100,000 i7,51330D4 �106,973,000 CITY COST 51,298,000 S853,o�0 SO S3Q8,000 32,22S,UU0 . $428,000 SO SO So �844,000 - �0 ao SOn �V SO ;5,�449,400 5650,000 S50C1,000 St,Ooo,00{� 5300,000 �0 So SO ao So �2.450,aao �86�399,389 OTHER COST $1,359,000 , �997,�00 S4 5395,000 $50,400 So SO SO So SO 30 ao ao SO SO 52,70i,400 $s�o,000 $�,000,000 So 50 So so ao �o So #i .65Q,000 s33,385,250 COUNTY COST So �0 Sa2s,aoa �0 �2,225,OC?Q S522,o00 51,500,000 �f ,375,OC}Q S� ,00a,000 5330,040 51,240,000 �583,aoo si oo,000 s�oo,oa� S100,000 59.�1fi0,000 ao So $t,oao,00a 5330,440 St ,200,000 sss�,aoo s� oo,000 ��oo,000 Si o0,000 53.�1S,OOQ S3?�188,351 OTHER PROJECT� F4A POSSI�..E CONSIbERATION FOR 1995 TO 1999 AND BEYQND CSAH 5 GSAti 5 CSAH 23 CR 28 CSAki 31 CR A6 CR 46 CSAH 48 CBAH 5 CSAH 5 CR 11 GSAN 23 CR 28 CR 28 GR 28 CSAH 31 CSAH 31 CSAii 83 GSAN 83 CSAH 38 CSAH 42 CFi 43 CR 46 CSAH 71 LOCATtON TH 13 FRM. RD — DUPOM' AVE DUPQNT AVE. —1-35W CSAH 96 TO RICE CC}UNTYl.INE CSAH 63 TO TH 3{ROBERT ST.} TH 54 — CSAH 74 {NEIN ALlGi+l� TH 3 — TH 52 CSAH 31— TH3 TF! 52 — 1.0 MiLE EAST AT 143RD ST. AT HIGH.AND DRIVE AT 122ND ST. AT 164TN ST.Jt3RIFFC}t+! 7R. AT BOYD AV�. AT CAHILL B4ULEVARD AT WASFiii+tG70N Dfl. AT CSAH 33 AT 195TH ST AT 140TF# ST. AT 145TFt ST AT BURNhiAVEN DR. AT W. JCT. O� SOUt'HCROSS AT WESCOTf RpAD AT FLAGSTAFF AVE. ATTH 3 DESCRIPT}ON 4—LANE DiViDED 4—l.Ai+lE OlVIDED NEW ALIC3NMENTCONST. NEW ALIGNM�M' CQNST. CONSTRUCT 2—UWE CONST.2—LANE 4—LANE UNDIVIDED CONST. 21.ANE NEW A�IGFt 7AAFFIC SlGNAL TRAFFIC SIGrIAL TRAFFiC SIGNAI. 7RAFFtC SlC3NAL TRAFFlC StQNAL TURN.ANE & SiCiNAL TRAFEIC SIGNAl. TRAFFlC SIGNAL TRAFF{C SI(3NAL TRAPfIC Slt3tdA� TRAFFtC SlCiNAt. TRAFFIC SIC3NAL TRAFFtC SIGNAL Tf9AFFlC SlGiVAL TRAFF�C SICiNAL INTERSECTION tMP. C COST AEQUESTED BY LOCATED tN $�,�so,aaa 3504,OQ0 $500,000 $1,540,040 �1,94Q,000 �s,i ao,aoo ��sa,oao $9Q,OOQ 390,000 S9d,dd0 �90,000 $90,000 �150,000 �90,000 �9Q,000 3100,000 Si oo,otio $14d,00Q 5100,000 3100,800 �20QQ00 $140,000 a� so,000 BUflNSVILLE SURNSitIU.E NORT}iFIELD i.G.H. FARMtNGTC}N ROSEMOUN7 ROSEMOUNT COUNTY BUEiNSVtl.LE BURNSVILL.E BURNSVILLE UIKEVLIE I.G.H. I.a.N. E{1GAP! APFiE VALLEY FARMINGTQN ROSEMOUNT ROSEMOUNT BURNSVELLE BURN5VI11E EAGAN �AKEVLLE COUNTY BURNSVILLE BUfiNSV!l.lE GREENVALE TOWNSHlP {NVER GROVE HEIGHTS FAFiMWGTON AOSEMOUAlT LAKEVLLE, APPLE VALLEY, ROSEMOUNT, EMPIRE COATES St1filVSV!!lE BURNSVIIlE BLI�iNSViLLE lAKEViI.� lNVER CiR01lE HEIGNTS INVER OROVE HEIGHTS EAGAh! At'P1.E VW1EY , FARMINC3TON RCISEMOt1N7 ROSEMOUNi BUflNSVIL.LE BURNaVILLE EAGAlV I.AKEVLLE INVER GROVE HEIGHTS � � rn � � � � BIKEWAY CIP 1995-1999 PAGE PROJECT � YEAR PROJECT SEGMH�lT ` No. NUMBB� TOTAL i994 CR 46* CSAH 5— Kerxick 80 846-05 $24,000 1994 lN 50* South Pdni to Jordan Traii 81 B50—O6 $42,000 1994 CSAH �42* CR 87 — Pleasant 82 B42-45 $30,750 1994 CSAf-i 73 CR 8— CSAH i4 83 673—U2 $100,653 T07AL 1994 CARRYOVERS �i93,408 1995 CR 46* CSAH 23—CSAH 31 84 B46-06 $63,q00 1995 CSAH 32* Ches Mar — C� 43 85 832-28 $27,OQ0 1895 CSAFi 50 1/4 mi. W af HamburgiCSA}i 31 86 B50-04 $122,p00 1885 'T}-I 5p* Dodd to Cedar 7atal 87 S50—Q2 $55,Q00 i995 Couniy S1gnJKiosk Program 88 $10,Q00 TOTAL 1995 DCPBVDI"fURES , ��277�000 1996 1996 1996 i996 1997 1997 1998 1898 1988 1998 1999 CSA!-126* N. Armstrongf(H 55 89 826-28 •�30,QQQ CfiAN 31* CSAH 42 — Caun#t�Mew 90 B3i-38 $105,OU0 CSAH 5* CR 46 to I/2 m. 135 91 B5-27 $27,000 CBAH 74* �-1— 3 CSAN 31 92 874-04 $33,750 Counry Signlwosk Program 88 $10,U00 , TC3TAL 1596 EXP�iDITllRES ~�205,750 CSAN 26* iH 85 — CSAFi 63 83 828-22 County Sign/IGosk Proc,;am 88 '" TOTAL 1997 IXPENDI7URES $60,840 $15,000 �575,840 CSAH 26* CSAM 63 — CSAH 73 94 826-27 $60,840 CSAH 26* Cahill to TH 56 95 826-29 $45,000 CSAF{ 32* CR 43 to'�-i 3 96 832-34 $50,000 County Sign/IGosk Progam 88 $10,q00 TCiTAL 1998 D(PBdDITURES ��165�848 Couniy Sign/K�osk Program 88 $15,000 TOTAI 1998 IXPB�DITURES ---W;15�000 *Praject tied wiih Counly Road Canstructlon . **PtaJect �ed with MnDOTRoad Canstructlon sla�►sin related highway projectswill resultin delaysin Bikeway Projects. j 1995 -- 1999 PARK� CAPITAL IMPROVEMENTS RAGE TOTAI. METRO YEAR PARK PROJECT NUMBEEi PROJECf COST OPEN SPACE OTHER COUNTY 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 19'35 1995 1995 1995 1995 19s6 1996 i 996 1996 1996 199B 1996 1996 1996 1996 1996 1996 1996 1996 1996 1996 1996 1996 1936 1996 B�rllesby Regtonal Park Ci�rNesby Regionai Patk 8yitesby Regional Park Lebanon Hills Reglonal Park I.ebanan HAIs i�egianaS Park Miesvile Ravine Perk Reserva IvGesvile Revine Park Reserve Narth Reglonal Trait {S.St.Paui} North Regfonel Trail (S.St.Paul) North Regional Trai! �8ig Aivers} North Regtonal Trait {8ig f�versj North Regional Trail (East/West Urban) Narth Regional irait {EastlWest Urban} Southern Dakota County Regional Trai Sauthem Dakata County Regional Trai Spdng E.ake Park Reserve Spring Lake Park Reserve Thompson Park Playground Develapment Parks Capital Cantingency Fund i995 total: Eyllesby Regionaf Park 8yllesby Regional Park F3�rlEesby RegEana! Park Lebanon Hi�is Reglonal Park Lebanon HHIa Reglonal Park Miesvile Fiavine Park Reserve Miesvile Ravine Park Reserve Notth Reglonai Trai! {S,St.Paulj North Regionat Trail {S.St.Paulj No►ih Regionel Trail (6ig Rivers) North Ftegional i'rail {gig Riversj North Reglonai Traii (East/West Urban) North Regional Trall (East/West Urban) Southem Dakota Caunty Regianal Trai Sauthem Dakota County Regianal Trai Spring Laks Park Reserve Spdng lake Paric Reserve Thompson Park Playgraund Development Parks Capital Coniingency Fund 1996 tatad: Land AcquislNon Bytiasby Dam Perk Devetopment Lend Acquisition t'ark Development Lsnd AcquislUon Park Development Land Acquisition Trai Develapment lsnd Acqulsition Ttai Develapment Land Acquisitton Trai Qevelopmettt Land Acquisition T�ai Development C.and Acqulsition Park Development Park Development Park Developmen# Park Acq/Dev Land Acquisition Byllesby pam Park Devetopmen# Land Acqufsition Park Development Lattd Acquisttion Park Development Land AcquIsition Trai Development Land Acqulsition Ttai Development Land Acquisitlon Trai Developmart zand Acqulsition Trai Development Land AcquisJtlon Park Develapment Park Development Park Deirelopment Park Acq/Dev 99 100 181 102 103 104 105 i06 107 iaa 109 110 tt1 112 113 it4 115 t�s 117 118 99 100 101 102 103 1 {34 105 i06 187 108 109 110 111 ii2 113 114 115 116 117 118 S2oo,Qoo $11,54Q 5432,$71 3515,000 5145,750 5260,000 570,000 �320,000 5341,33U �0 5770,000 $0 �Q $0 $0 5320,p00 �0 $128,000 �250,040 579,196 S2oo,o00 $31,5Q4 ;6212,6W S22q,371 5515,000 S7T,754 328,000 S2s0,Qoo' 320,Q00 a50,000 S32Q,QtIO S3a1,s�o St98,OW �572,OOd S32o,000 $128,000 �25t3,000 $79,196 �3,Sd3,647 52,464,6$0 $1,259,871 $79,196 5140,000 S4o0,o00 5330,000 $350,Q00 $648,372 5160,OdD $15p,Q00 �0 $soa,aao $300�000 �560,000 $600,000 $soa,aoo 5500,000 $500,000 320Q,OIX? $saa,oaa S25p,000 SO $82,364 5140,q00 5137,500 $262,500 S3so,00a a�o,aoo S645,372 �160,000 . 5150,Op0 �sofl,aoo $30O,OU0 5560,000 3600,OU0 s5oo,o00 00 5500,000 5500,400 S20Q,000 Ssao,oaa 3250,000 582,364 $6,867,?36 �6,272,872 32&2,500 $332,364 1997 1997 1997 1997 1997 199T 1997 1997 1997 1997 1997 1997 1997 i997 f 997 1997 1997 5997 1997 1937 1998 1996 1999 i998 1998 19J8 1998 1998 1998 1998 1998 t998 1998 1998 �sss 1998 1998 1998 1998 1998 TOTAL PFtC}JECT MECRO PARK PRQJECT COST OPEN SPACE QTHER CQl1NTY �rllesby Regionai Park . B�Ilesby Regional Park 8�rflesby Regionei Park lebanan H�la Regionat Park Lebanon H�Is Reglonal Park Miesvile Rav3ne Park Reserve Miesvile Ravine Park Reserve North Regional TraU (S.St.Paul) North Regianal Trait {S.St.Paul) Narth Regionai Trail (�g Rivers) Nodh Regionai Trai{ {Big Povers) No�th Regional TraiC {EastlWes# Urban) North Regional Trail (EasUVllest U�ben) Southem Dekoia County ReglonatTrai Sauthem DakotaCounty RegionatTrai Spring Leke Park Reserva Spdng �ake Park Reserve Thampson Park Piayground Development Parks Capttal Con#ingency Fund � 1897 to2a1: 8�ritesby Regiona! Perk Barl(esby Regionai Park B�Ileaby Regionai Park Lebanon N�ls Reglanal Park Lebanon H�Is Regional Park Mtesvile Ravtne Psrk Reserve Miesvile Ravine Park Reserve North Regfanal irail (S.St.Paul) North Regianat Traif {S.Sl.Paulj �torth Regianet Traii {B'ig F�vers} Narth Regtonal Trail (Big Rivers) Notth Regiar�aE 7rai1 (EasUVYeai Urban} North Reglonai Trail (East/West Urban} Southem Qakota County RegiarraiTrai Soutti em Dakota County Reglonal Trai Spri�g Lake Park Reserve Spdng Lake Perk 'Hesarve Thampson Patit Playground Development Parks Gapita! Conting�ncy Fund 1996 total: �and Acquts3tion Byllesby Dam Park Develapment Land Acquisitian Park Development Land Acqulsltion Park Devetapment Land Acqulaition Trai Development Lend Acqulsition Trai Developmen2 Land Acquisition Trai Development Land Acquisition Trai Devetopment Land Acqutsition Park Devetopment Park Development Park Development Park AcqlDev Land Acquisitian Byllesby Dem Park Develapment Land Aoquisltioci Park Development Land Acqulsfiion Park Develapmen# Lend Acqulsltion Trai Davelopment Land Acquisition Trai Development Land AcquIs3tian Trai Devetapment Land Acquisitton Trai Revetapment Land Acqulsltlon Pa�k Development Park Davelopment Park Development Park AcqlQev 99 100 101 t02 103 144 t as 106 107 108 109 110 111 112 113 114 1i5 116 117 i18 89 i00 101 1 #2 103 104 to5 106 107 108 109 110 111 112 tts 114 ti5 tts 117 118 �725,000 5555,000 $395,4W $375,000 5660,400 550,400 5�o,aoo �0 ;6500,t}Od �0 $165,OOQ "�0 ffi500,OW 5500,OW 5250,000 5120,400 5525,OOC} $0 �0 585,658 $725,000 $262,50Q $292,500 $3.95,OpQ �975,000 �660,OW S5o,000 �2so,oaa• �� $165,00() $500,Q00 $500,000 $250,800 5120,OW �525,OW $85,658 58,155,658 54,777�500 3232,SOd $85,658 $300,OW 3400,000 S247,000 5250,000 �835,U00 5195,OQ0 5250,000 �0 $250,OdQ $0 $440,000 S4 S5oU,00o 5500,W70 5500,000 y�oo,000 �740,qOC? �122,OIX} 575,000 �89,085 5300,OtI0 $2W,000 5200,000 S247,000 5250,OOG $835,OW 5195,Q00 �25Q,000 5254,40t! 5440,OQ0 �5dD,OW 5500,OW 5500,U00 S1oo,000 $700,OOQ 5122,000 S75,400 $89,Q85 �5,753,085 55,267,000 5275,p00 $211,085 1999 1999 1999 1999 1999 1999 1999 1999 t999 1999 1999 1998 1999 i999 1999 1999 19J9 19�9 1998 1999 . TOTAL PRQJECT MET'RO PARK PROJECT COST OPEN SPACE OTHER COUNTY 6arliesby Regional Pa�k e�llesby Regfonal Park B�rilas6y Ragiona� Park Lekranon Hdls Regional Park Lebanon Hilla Regional Park (utiesvile Ravine Park Fieserve Mie�vile Ravine Park Reeerve North Ragionai Trail (S.St.Paul) North Ragionsi Trall �S.St.Panlj North Reglonal Trail (�g Rivers) Narfh Reglonal TraU {�ig Rivera) North Ragionat irail {EastlWest Urbanj North Reglonel Trail (EasUVUest Urban) Sauthem DakotaCounty RegtanaETrai Souihem DakotaCounry RegionatTrai Spdng Lake Park Reserve Spring Lake Park Reseroa Thompsan Park Playground Development Parks Gapital Contingency Fund 1999 total: Carsd Acqufsitton Byllesby Dam Fark Qevelapmeni Land Acqulsition Park Development Eand Acqutsltion Park Develapment Land Acquisition Trai Devetapmmt Land Acqulsition Trai Qevelopment Land Acquisition Trai Develapme�t lanci Acquisit3an Trai Development Land Acquisition Patk Davelopment Park Development Park Development Park AcqlDev 99 100 101 102 103 104 105 106 t47 108 i 09 1t0 111 '! 12 113 114 115 116 117 118 � �. $t35,OQ0 �0 �378,400 �250,QOD �315,Qq0 5100,4{70 5250,QQ0 $0 $250,000 �0 535,040 $0 $500,OC10 $500,OC10 5250,Off0 5150,000 5800,O�U �0 �0 $92,648 St3s,oao ;�378,OOQ 5250,OW 5315,000 St00,000 $250,OOQ 3250,0(it} $35,OOU ffi500,000 $50�,4t)p 5250,000 �150,OW $8D0,004 $92,648 $4,QQ5,648 53 918 000 $Q $92 648 s 19 -29-94 1995 -1999 BUILDlNG CAPITA� lMPROVEMENTS TOTAL CURRENT PAGE PROJECT YEAR BOND COUNTY YEAR PROJECT NO. COST EXPEND PR4CEEDS COST 1995 c Pleasant Hill Lib�ary • Clase-Out 126 2,837,280 150,OQQ 15Q,OOQ 1995 c Burnfiaven iibrary - Remodeling 127 1,288,400 450,500 450,500 1995 c Wescott Library - Entry, Carpet & Book Detect. 128 156,630 120�000 ' 12p,pp0 1995 c Wescott �ibrary - Ener.Cons. Skylight T�tmt 129 7,500 7,500 � 7,50Q 1995 c Farmington Library 130 155,000 155�OQ0 155t00Q 999� c Parking !.a#s - ChipseaE & Repairs '131 288,670 236,670 236,6�p 1995 c Judicial Center - Enclose Courts Air Intake 132 36,000 36�000 36,OOQ 3995 c Govemment Camptex - Irrigatiort System i33 48,925 48,925 48,925 1995 c New County Phone System 134 500,p00 500,000 � 50Q,OQ0 1995 c NSC - Nandicapped Rest�oams� 135 30,000 �,000 �,000 1995 c NSC - Indoor Air Quaility Improvements 136 58�p00 11,000 � ��ppp 'i995 c NSC - Waiting Rm Tile ! Nallway Carpet 137 93,200 2,000 2,pp0 1995 c NSC Remodeling 138 130,000 15,U00 15,Op0 9995 c VIISC - Spat Cooling 139 54,000 1,000 1,000 1995 c WSC - Phone Room Expansion 140 14,000 1,Q00 1,OOQ 1995 c Replace Underground Fus! TankslPaint Canopy 14't 300,000 300,000 3pp,ppp 1995 c Rasemaunt Shop - Paint 5hop Mezzanine 142 28,900 28,9q0 28.g00 1995 c Rosemount Shop - Truck Noist 943 55,000 55,000 55,000 1995 c LEC - Madify HVAC for Nursing Area 144 45,qQ0 45,000 45,000 1995 c Exit Lighting Upgrade 145 9,000 9,000 9,000 1995 c S.L. Park- Heated Chem S#orage Building 146 87,1Q0 87,100 87,1p0 i 995 c Rsptace Parks Fuel Tanks 147 40,fl00 2,004 � 2,ppp '! 995 a Juvenile Detention Facility - �esign 1995 a Judicial Center - Courtroom VAV Upgrade n = New Request a= Carry over farm 1994 a= Project approved• in 1994 -1998 CIP 148 5,077,685 150 46,000 524,4}20 524,020 46,OQ0 46,000 0 1c� TOTAL CURRENT PAGE "PROJECT YEAR BOND COUNTY YEAR PROJECT NO. COST EXPEND PROCEEDS COST 1995 a Judicial Center - Skylight Energy Consenration 1995 a Judicial Center - Courtroom Finish 1995 a Judicial Center - Jury Conversion 1995 a New NSC - Purchase of Land � 1995 a ADA Compliance 1995 a LEC Temperature Control Upgrade 1995 a Parking Lots - Chipseal 8 Repairs 1995 a Reroof and Roof Repairs 1995 n HS Bldg - Reuse Evaluation / Planning 1995 n Adm. Center - Auditor/Treasurer Consolidation 1995 n Judicial Center - Replace boiler burners 1995 n LEC - Courtroom modifications 1995 n LEC - Split Dispatch Ventilation 1995 n Wescott Lib - Materiai Handling Equip & FF&E 1995 n WSC - Utility building for Property Mgm & STS 1995 n Galaxie Lib - Book Drop Capacity Improvement 1995 n Extension - Remod & new workstations 1995 n Parks Septic System Replacement 1995 n Parks Bituminous Maintenance Program 1995 n Space Reconfigurations (Bd Approval Required) 1995 a Specia) Assessments 1995 TOTAL BUILDING PROJECTS n = New Request c= Carry over form 1994 a= Project approved in 1994 -1998 CIP 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 42,600 305,000 105,000 1,800,000 120,000 8,500 140,800 247,250 34,500 25,000 60,000 30,000 25,000 30,000 24,500 8,000 57,500 10,000 25,275 125,000 42,600 305,000 105,000 1,800,000 50,000 8,500 140,800 247,250 34,500 25,000 60,000 30,000 25,000 30,000 24,500 8,000 �57,500 10,000 25,275 125,000 24,699 1,800,000 42,600 305,OU0 105,000 50,000 8,500 140,800 247,250 34,500 25,000 60,000 30,000 25,000 30,000 24,500 8,000 57,500 10,000 25,275 125,000 24,699 �6,015�239 �2,474,020 a3,541,219 YEAR 1996 a 1996 a 1996 a tsas a 1996 a 1896 a - :[:1��I��i Bumhaven Lib. - Replace Cooling Condensor JudiciaE Center Pro�ects - Kitchen Upgrade Judicial Cen#er Projects - Space Remodeling Juvenife Qetentian Facility - Gonstnicfion Wescott Library - Lower Level Carpet Replace. I.EC - Replace Garpet 1996 n Wen#worth Lib - Handicapped Parking Improve. 1996 n Parks Bituminous Maintenance Program 1996 n Highwa�r Shop lmprovement Prajects 1996 n Judiciai Center - Replace entry doors 1996 n Specia! Assessmen#s 1997 a 1997 a 1957 a 1997 a 1997 a 1997 a 19'98 TQTAL BUILDlNG PROJECTS Juvenile Detention Facili#y - Canstruction Extension Building - Addition Farmington Shop - Reroofrnsulation Jud, Cenfer - Convert Fuel Storage ta Propane Replace All HCFC & CFG Equipmen# LEC - Replace Garage Doors 1997 n LEC - Install 1/2 sixe lackers 1997 n WSC - Changing lacker/shower for Env Mgm 1997 n Highway Shap lmprovement Projects 1997 n Farmington Shap - Undergraund Fuet Tank 1997 a Special Assessments 1997 TOTAL BUILDING PROJECTS n = New Requsst c= Carry over farm 1894 a= Project approved in 1994 -1998 Clp PAGE NO. 172 173 174 148 175 176 177 169 178 179 171 148 180 181 182 183 184 185 186 178 987 171 TOTA� PROJECT CQST 64,000 104,50Q 100,250 5,Q77,685 60,000 36,80Q 5,077,685 449,50Q 106,000 so,00a 1,200,000 41,OOQ 5,000 40,000 250,000 160,000 CURRENT YEAR EXPENO 64,000 104,500 100,250 3,818,259 60,000 36,80Q 2FJt{an0 10,000 84,OQQ 50,000 112,213 BOND PROGEEDS 3,818,259 COUNTY CUST 64,000 9 04,500 100,250 Z�,00a 10,000 80,000 50,OQQ 112,293 ;4,469,Q22 �3,898,259 �642,763 735,4Q6 449,500 106,000 80,OOQ 1,200,000 41,OOQ 5,000 40,000 80,Q00 160,000 20,496 735,406 449,504 106,OU0 9Q,OOQ 1,200,000 41,OQ0 5,OQ0 40,000 8Q,OOQ 160,000 2Q,496 �2,927�402 �735,406 $2,191,986 >, � 124 TOTAL CURRENT PAGE PROJECT YEAR BOND COUNTY YEAR PROJECT NO. COST EXPEND PROCEEDS ' COST 1998 a New Northern Service Center - Design 1998 a Rosemount Shop Energy Conserv. Infrared Heat 1998 a Galaxie Library - Carpet Replacement 1998 n Highway Shop Improvement Projects 1998 a Special Assessments 1998 TOTAL BUILDING PROJECTS 1999 a New Northern Service Center - Construction 1999 n Judicial Center - Establish dual power path 1999 a Courtroom Finishing (Jud Center or WSC) 1999 a WSC - Security upgrade 1999 a Special Assessments 1999 TOTAL BUILDING PROJECTS 1995 -1999 TOTAL BUILDING PROJECTS n = New Request c= Carry over form 1994 a= Project approved in 1994 - 1998 CIP 188 189 190 178 171 188 191 192 193 171 22,007,985 98,000 77,000 250,000 22,007,985 150,000 370,000 41,000 780,000 780,000 98,000 77,000 � 90,000 19,476 98,000 7�,000 90,000 19,476 $1,064,476 �780,000 a284,476 18,219,187 18,219,187 150,000 370,000 41,000 18,500 150,000 370,000 41,000 18,500 a18�798,687 a18,219,187 ;579,500 �.:. ;:p ?%:t::::`:�#:i�..'(F..'.�i,�,�,i�'';�,�,�,.,�,�,a,.�,',i,�,�iE•..:,';,:,:#fi�:�,.�I�,.''Q*,�,,.,f,t`�7�:'::..;:":::::'. �`'�i3.�}'',�.s5.'r�.:�: . .:..a .. ................................:......i�......... k...:.. � :::,.:.: � ::.,::.::::I.•:: :.: :.: �•::.::::: ::.. LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL Jun.e 6, 19 9 5 Masonry Contractor License GMC Concrete Jim Gallagher Masonry Excavatiag Coatractor License Valley-Rich Co., Inc. C&N Sewer & water Inc. Fogerty Excavating Gas Pipiag Contractor License Apple Valley Eagan Appliance SVAC Coatractors License Rapid Heating & A/C General Contractors License National Home Framers Inc. Grand Projects, Inc. Greystone Construction Company Patrick Votel Gary's Fence Co. Drywall Contractor License JBL Plastering One Quality Stucco Co. Tree Service & Removal Woodland Tree < m � %%(':�:c'�'tiijG%v;��'�:.�:'.%�?y��7.'��7%:.:;1'v;';..yS:yy'4%':'..M's,`%=�i'.?; .l•'`"'�'""r�i � � . .>f�r'a�' . �r::L: �.•x.''''. 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Q�0 (� 60 QaFccrest Kennels td1-4225-8�d0-90 may svc 225.78 � 120 . 445. ?8 � Totals Temp Check Nurnber 60 (� Temp Check Number 61 � s� 61 Office Max 01-43@5-05@-50 splys 157.3� ('} 61 Office Max 05-4300-105-15 splys 5.3'7 � 61 Office Max Q�f-4300-210-i0 sp2ys ' 38.21 (:ji 183 801.90 (� �Tatals Temp Check 3Vum@er 63 � �� Temp Check Number 62 � . . , , . ., . . . . . ; . . _ : .� . . . z ' 6� Aipe 5ervices 15-4330-490-60 ls cing' 3,100.50 l:;) " -------- � 62 . 3, i@0. 50 � Tatals Temp Check Number 6� , . `A � . . . � Temp Check Number 63 � 63 Princ3pal Mutual � 01-2071 .�un prem 191.27 � 63 Frincipal Mutual 0k-413�-020-�0 �un prem 77.0& 63 Principai Mutcaa2 01-4132-05Q+-50 �un prern 20.26 - �� 189 288.59 � Tota2s Te�np Check 1Vusnber 63 � :.�' (.^) Temp Check Nurnber 64 � , ;;4) 54 Publia Empl Ret Assn 01-2074 �un prem � 72.Qr0 �:) 64 F+ublic Empl Ret pssn 01-413`i-1iRl--J.O �unprem 9.00 64 F'ublic F.mp2 Ret Assn 01-4131-Qt20-�Qs ,�un prem 12.0@ - �y� ' 64 Pu61ic Empl Ret Assn 01-41Si-@50-5s �un prem • 12.00 �• '� � `.�.dy,y 4,M1Y� __ ...:. •7;. !:, :•� v`'=.- � .2 - . :�' i. . �?�' :a '7?r��.' - �� ^.t,� =.t� , . . — . �. •i � � '.;. 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'�,'=,i. . , n 4• . . . . , . «.. .n'. ., n �. . . .. . , �'1�•�, . . .. . � . . . . .. ..,i,rF"•.> ... .. ... ... ...�r•`' � .a .. ,.. _ C. � • _ . 2 Jun 1995 Clairns �ist Aage li Q Fr^i 2m38 pt+! , ' City oF Merrdqta tieights Ternp Check IVum6er 65 � � Ternp. Check � Number Vendor Name Accaun� Code Comments Amatcnt Tat�ls Temp Check Number 6S � � Ternp Check Number 66 i,,,,? 56 Roatiway Rubbish 0f-4^c2r�-C�85-85 spg c2eanup G�i. QsQ 66 . 201. 0@ ... Tc<i�is Ternp Check Nurnber 66 � _'� • Temp Check Nurnber 67 � � 67 Shawn 6anders , id5-44iQ�-2fiS-15 exp reimb 48.59 � �7 48. �9 - .Tot�Is Temp Check Number 51 � Temp Check Number S8 , 68 Scrapbusters Ine 01-4220-@85-85 spg cleanup 150.�0 ��-,"is -- ------ 68 3 50. 00 Totals Temp Check Number 68 � _ Temp Check Nurnber . 69 .. _ . . __ . . . . . � 69 L. E Shaughnessy Jr (di-422k1-132-10 may svc 1, 615. 65 69 L E 8haughnessy Sr QiS-42Zm-132-i5 may.svc 3i7.�0 69 L£ Shaughnessy Jr 1�-4220-132-60 may svc 50@.55 � 69 l,. E Shaughnessy J'r 21-4220-132-00 may svc 1y937.60 69 L E Shaughnessy .ir 03-4220-i32-�Q� - m�y sve 42b.3@ � ,, ,69 l. E Sttaughnessy Sr 29-4220-i32-00 •�.. may svc ' 168.50 � ---- " . ------__ 424 45956.0Q1 Totals Temp Check iVumber 69 . ..k , Temp Check Number 70 • '..;i 70 �akarda Plbg 01-3255 rFd overpymt 5.50 7� ' J. J� ;�,} Totals Ternp Check Number 70 � Temp Gheck t�turober 72 . [-`'�'' �..;,,,.N,, -�,,,71 8outham Business, Comm , 01-2125. s. „L,t; , ," bid ad mendota rneadnws 212.50. '�y - -�}�-- • r - .";-�^�• - - ='r x - =ti`• s.�i ' .«.:iux: ;.'-r.�� i S Yai .. .� �yt:i . •�k ~.�'�`s•�` - . . -,ist � - _:n' "-.. v l . i'�..% t .F.. 4 ,;' � g� ��-�;i.+b-'•�.` �:i= . - _ :,L�' , ' x.. - .{'`:'i+�- . . h i�' : Yt �i�^. . . . . . .. .. :.d'r. . , . . - , � , . . , �• , `:�i . ., - . „ . . . . cZ�:• .. . � .. , ; ;,: r y : ':,� . :�..; :'...;:,,. .::r,: . .. -� .. . 'z'~S . . . _. . ' 212. 50 . " TotaY��Temp Check Number � 71.� , ' . ` . �� Ternp Check Number •� 72 � ; ,,�, � , � ' , � r, ..,:, ,.r,.,{ � �'�QY .<t� :'l:n °\ ^ - ��4'�:i`V�{i.-l�i: 'h�:,�.�h:: �..'r� io' qk� � . 1 ' + � . � ` . ... . .�'t: Y. :.,�.�' . �. +�{t. ,it : .� . . f,., .1 � �f .::t . .t,.': `+ . . �• , • _ `a x.� .72 8�ate� �Mut�ual iI�IS' y.;, •4-%FQt1=EQ74;' , .�°�. "�un �prein . . 143. li��: .� . Yl: ` `'� : ;x.�: - : {. `:� �' a . . .. . . , - _ , :• : _�• -.4,,, ^ - - f � :;�'�",,.- a4;�r•. . • . . , , • , . v �: �' i: . J,,^..: •e 's,' A�.7y � � .. ' � ' � ^ J ,'h' ` i . ��,a .y` �i, .'R�....�'��,,^fs,: :iA i�;,;*p> a:. ::tr� .d�,.�.r'.".. .. .i��i'� . . . . . . . a . . . . , ,a ;... : ., ., ar::... w .. .. .. . . . . ',i`v.:.�,J :n . .. . `2�''. .... . .. .r..< . . . ,�...e .. . . .. . . _� . . .. v.. . .. - fA:� - "' - � 2 .Tu» 1995 Claims List � Fri 2:38 P1+1 Gity c#f Mendota !-ieights Temp Check lVumber 72 � 7ernp. Gheck • �} Number Vendor Narne Aecount Cade 72 8tate Mutual Ina 01-4131-020-20 � _� 144 'iotals Temp Check Nurnber 78 � �?,� . iemp Check Number 73 d,�,� 73 St i Ca 01-4330-44@-2Q 73 ' � Tat�ls Temp Check Namber 73 . Temp Check Number 7k � ' � . 74 Treadway �raphics 0i-2i2? � 74 ' Tota2s Temp Gheck Numaer 74 [� Temp Check Number 75 75 U 8 West Communicatians 01-421fd-110-10 � 75 U S West Cornmunicatians 01-4210-020-20 •75 U 8 West Communicatia»s .-, 02-422@-ld40-4¢� ... __ , � � 7S U S�West Communicatians 05-481fd-10S-15 �� 75 U S West Cammunicatians A5-4210-060-60 75 U S West Camrounications 0f-4�Std-030-3td 75 U S West Carnmi:ni.cations 01-42if0-050-50 �y 75 U S West Cammunicatians 01-4210-07Q1-70 500 � . . , . . � � � Totals� Temp�Chec�C Number 75 n Camrnenta �un prem rprs dare sp2ys may svc may svc may avc. may svc may svc may svc may svc may avc Page 1� Aroaur�t 420. 3S 564. 06' 265. 63 165. 6a 81. 68 81. 68 322. 69 484.0I , 59. 11 176..�6 ` 439. 07 i 3b. 09 39. 06 201.81 1 � 858. �td Temp Chec{c Number 7S . . • ' � 76 Universsal Life +Q�1-4131-Q�20-20 �un prern 676.2Q 76 Univer�al �ife 01-4131-fd50-Sfd 3un prem 20i.39 � 76 Universal Life 01-4131-070--7@ �un prern 234.49 76 Universal �ife , 01-4131-110-10 �un prern 154.86 76 Universa2 L.ife 05-41�1-1�D,�i-i5 3un prem 248. �5 (�j 76 Universal Life 15-4131-060-60 �un prem , 113.30 . 456 g • . . f z 628. 4'3 �- Totals Temp Check Number 76 - .q" ,:L:'�jb �G• :7� . . . ... . �=•2.�JI r.' �,]:i�� ,�' .�t�: 1 �j.�� . �.t��:��.y"I'�:".':1•'�..,j�at. . . i;,. ' ' ':'e�* :�T@tA� 9�..'�'1�CiS`'l.�iUA1�3E'1^` 7?' .:;-•��a - '.:�-_,4�:.:;'..;..;:. , .. _ .:r",`.:•' ` ... ; . ` .. ' �: x R - . _ . . . ��• ,, �• ::�:�.,t; � : ' .,} . . . `'�: _ `•:.• . - .., . � �' . . � .+�. '~�• 77 United��,Way.MSt Paul � . 01�-2070 ' '� . ` . ' . ' ju» contr � , ` . _ � .145_i5 � „ :.. 77 . :, .,:;, � � ,,. , , , �. ' ' 145.35 Y�N�{tiK. ..�5�`"s a +^. L' ... XJ� . . �:;• .;z�_i::'Tot 31l5 � Tertlp;, Check Number •., . - r . 77.• : :•:.. ',7M;'la..:,'- G ; r t . . � `,' . . . .. • . •�..: ; . . . t4' ';:C:a{�u ''^+.: t:: d^.t,.ix.: •�.,it�"' '• i * +� .{ .�„,tj� .\. • 'd.i ".r:"`»k �.'��• `�'$'•4.4r.v, ;l, '.h..,c¢l.�� `S�:yY.••'S�4-� . t . r,'C4 .�i vSy<I�=�!._�'�:�.t. a �.T ' . > > • .. � . . '4, .. ... .. � , .'iA� i t'�, .:Srr'�.: t�.S.�.,i,+� ., . .. . .. . • . ''�sr;'. ;.f �� .. �„�'',."'-iM� - � , � . . � �� . . �� =7'- � '7;:�af�\e �' .,i;ai�.; �'.:r..,:, .. .. ' - _ .. ... � .. .. t',ra'. ' ... . �.. �v . .- i . .,... ... ,. .. . . r . . . ._. . ' . . . _ .i . � � 2 Jun ?995 C2�irns List � Fr^i 2:a8 RM City af Nendata Heights Temp Check Nurnber 78 � 7ernp. Gheck ' t.:.',s Nurnber Vendor Narne Accour�t Code 78 5hirley Workrnan 01-43a7-0.�,0-50 � -- 78 Tutals Temp Check Number 78 :.,� Temp Check Nurnber 79 ,.. 79 Wi.nthraa & WeinstiMe @1-4��1-2c�0-i0 79 Winthrc+p & Weinstine 29-422Q�-834--00 79 Winthrop & Weins�ine 0I-4�20-12Ql-80 � (� 79 Winthrap & WefnstiMe Qti-42CP1-S20--8@ 79 iJinthrop & Weinstine 16-4220-120-00 7'3 Winthrop & Weinstine 01-2125 � --- 474 Total� Temp Check Num6er 79 �".J' MA�lUAt. CHECKS: ' 15256 A,625.55 SCCU 5j.12 p�yroii 15257 " '13.84 P�RA (Q � ?331 � ' 15258 8,876.50 " " �rand iatal . 15259 i�,q47.62 ICMA " 15260 988.00� Minn.Kutnal " � . 15261 195.00. Minn State Ret ''' • -- ' . i52�62 225.00• .&reafi�W§st�:.�, .,,,, � :. ; . • 15263 - 266;40�,Dakota�Ciy� " � • • � . 15265 15,841.98 Dakota Bank , N 15266 3,674.94� Cortm Fevenue " �� 15268 12,80.00. Mik 'Jk PhiI]ip" st s�rpg . . 15269� 300.00 • Burlei�h••Cty warrant � � � 15272 9,452.QQ NSP�'��uy .. 'Mendpta�Meadows I5273 • A,;�525.55 SCCU . 5J26 �payroll �.�� 15275 325.4Q Radissonu CFBInNat'I9Conf •- 25276 2,500.Q0 U S Post Ofc� refill meter (�.' 15Z77 3,000.00 Gens Ldng annuity � .15278 8,802.07` PERA �' 5f26 payr-oll 15279 13,84 " " � • 15280 195.00 Minn St Ret " - 15281 .225,4Q 6reat �test 'L&A " 15282 985.00 Minrr.Mutuat..� " � 15283 l,•0�{7.62. IC'1A RT' " :.:>,� : .V:.: ��• .; • . 152$4 �265.40 . DakOta` COiunty ", .. • . � � `'• • � � 15285 � 555:00. " Dakota ��ank � "' }� -,,y ,� � . . . 15286 3;684.'98 � �Comm' Revneue �" - � 15287 16s499.27 Dakota Bank' " � . 1.52$8 ' S00.•0{} . . „ . . � n Q ,,, . � 15289 • 46,271.94 �PayroYl a/c �, . ;. , . . . , , , 1! ` , , � ^ � � ' �t • ' )�� ; i:l�'• " . _ .. . . , . . . ... . ;.1'1ar .•y..s. ....,...v._. . :�r . Cornrnent s dmg rprs �pr� retainer re ivy f�lls �pril � apr re zo ard rev apr re pente2 �pr re genl purnp apr re mendota rneadows F�age 23 Amauflt 89. 85 , 89. $5 5Q�5. 84 2�9b3. i:� A92. a�b - 74. 4fG 40. �C 0 74@.52 � 5��16.28 124r325.13 15294 42.00 Kathy Seatty golf 15291 '75:00 �Publicorp • regr .15291-297 � 85.00 'softbatl umpires = 15298 �� 788.38 Mendata Heights, Ath Assn .adj 194,681.54 G.T. 319,QOfi.67 . . . �.",�'`�i�+�''`t`t::;;;;.�;, .;, ,.� •;:.:t.�• <t'�{;?:4;. .�ti. , . . 'h" •..w. �. i ;. . .. . . . aT � � � 'a \.�1•' .��3 ,:;* ;: '� ��,: _ �t >` ' ...- . � ::-~�� r:n�`'��;..M'^l.� <. �'•'�.:2:::;;`� : �.' c \ . ..:��`�_. .: a.w?�:. � �.«:., �-=-' �� - -- , . CI'1'Y OF MENDOTA HEIGHTS �� 7une S, 1995 TO: FROM: Mayor, City Conncil and City Guy Kullander Parks Project Manager ' � n V`�i �!' I S�T]�.TECT: Landscape Improvements to Ivy Park and North Kensingtan DI5CUSSION: Council has approved the landscape plans for both the above parks. Both parks will be landscaped using native piani,ings and incorparate the limestane blacks Acacia Cemetery has given the City in retaining, walls, steps, and benches. Moving these stone blacks from amongst the trees and brush will require specialized equipment most landscape contractors, who might bid on the planting part of the impznvement, do not own. FLTNDING The estiunate for the Ivy Park improvements is $2Q,Q00. The stone work portian will be appraximately $3,OOQ -- $4,000. The Kensingtan Park estimate is $41,000 witlr�•the stane work being about $7,000 -- $8,000. Maving the stones from th� cemetery will be a little Iess than half the total anticipated cost of the stone work portions of the two landscape plans. RECOMME.NDATIOlr]': I recammend that a separate contract ox purchase arder be issaed ta Lan.dscape Junctian. This firm�specia�lizes in bouider and stone walls. Several landscapers I called regarding the moving of these stones said they would job tlus part of the work to this firam. They have a clam an a flat bed truck capable of lifting stones up to fi�e tons and the truck can carry appmximately 25 tons of stone. The limestane blocks we will be using vary in weigbt from 700 to 2300 paunds. The blocks would be trucked ta the pazks and sta.cked using 4" X 4" tirnbers between each black. The successful law bidder for the landscape portion of the jab would install the stanes using a bobcat with forks or bucket. The cost for this truck and crew is $150 per hour and I estimate that from seven to ten loads will be required to move the 300 stones necessary. This work should take approximately two to three days. The total cost should not exceed $5,000. ACTION REOUIRID: If Council so desire�, they should authorize staff to issue a purchase order to Landscape Junction to move the limestone blocks from Acacia. Cemetery to Ivy and Kensington Parks. . � L � 3 CtTY OF MENDOTA HEIGHTS MEMO June 1, 1995 TO: Mayor and City Council FROM: Tam Lawell, City Admini to . SUBJECT: Eagle Scout Presentation - Josh Sokol DiSGUSSI{JN In Apri1 1994, the City Council received a presentation from community youth Josh Sokol who, at the time, was in the process of earning his rank of Eagle Scout. tn earning this recognition, Mr. Sokot was required to design and implement a community service project which utilized volunteer assistance. You may recall, Mr. Sokoi designed a program known as "Teen Temps" which iinked 13-15 year old youths with elderly or disabled cornmunity residents who needed someone to da chores far them. Recognizing the need for such a service, the City agreed to participate in the program by accepting calls from interested parties and relaying the information on to Mr. Sokol. (n 'return, Mr. Sokol agreed to follow-up the project with a report to the City Cauncil, the presentation of which has been scheduled for Tuesday night. ACTION REaUIRED Receive the report from Josh Sokol on the accomplishments af the "Teen Temps" program which was conducted in '1994. �= •� Page No. 3967 Apri15, 1994 EAGLE SCOUT PROJECT Eagle Scout Candidate Josh Sokol, 1847 Faro Lane, was present to request city assistance in a project he wishes to undertake in order to earn the rank of Eagle Scou� He explained the proposed "Teen Temps" project, wluch would link 13-15 year old youths with elderly or disabled community residents who need someone to do things for them. He asked Council to allow city staff to handle phone inquiries and pass the information along to him for follow-up. He informed Council that lus 30 member scout troop has volunteered to help him. He further stated that he has prepared posters and informational material, has contacted. local newspapers, will put up posters to advertise the project, and hopes to make an "infomercial" for local cable broadcasting. Mayor Mertensotto pointed out that the city would only be acting as an information conduit and would not accept any liability. He asked Mr. Sokol if he will put a disclaimer on his materials stating that the city has no liability and if he will give the Council a follow-up report on the success of the project. Mr. Sokol responded that he will put a disclaimer on his forms and will report back. It was the consensus of Council to allovv city staff to accept and ' transfer messages as requested. PAGE 1 � May,1994 ISSUE 31 OAK WILT WARNING SIGNS Oak wilt is a disease that is potentially fatal to otherwise healthy oak trees. It is caused by a fungus called Centocystis fagaceanun that travels through a tree's water vessel system. To fight the fungus, oak trees produce gums and resins. Unable to catch up to the quick moving fungus, the tree eventually cuts off its own internal water supply causing the tree to wilt and die. All oaks aze susceptible to oak wilt disease, especially pin oaks and red oaks, usually dying within weeks of the initial infection. Oak wilt is spread in two ways. Healthy oak lrees, if they are wounded, can be infected by the "picnic beetle" which will deposit the oak�wilt fungus while it feeds on open tree wounds. The other method of infection is through the root system of the tree. Nearby oaks, usually of similar species, can have common root systems as roots entangle and graft together. The oak wilt fungus travels rapidly through these grafted roots and can infect trees up to fifty feet away. Root system infections account for approximately 90 percent of new infections. .'ou can tell if your oak is infected by the rapid wilting of leaves in �e crown of the tree. The wilting begins in the crown of the tree and spreads downwards. Wilting in a white or bur oak is slower than in a red oak which may wilt in as little as two weeks. � You may prevent the spread of oak wilt in a number of fashions. If a wound occurs on your oak tree between April 15 and July 1, you are advised to apply a non-toxic wound dressing immediately. Wounds can occur in a variety of ways including untimely tree trimming, storm or wind damage, construc6on damage, or basement excavation. "Picnic beetles" canriot chew through tree bazk and will feed only on open wounds that aze less than a few days old. It is important that oaks not be wounded by lawn tractors or other activities during the period of A-pril 15 to July 1 when the "picnic beetles".are most active. If o� wilt'is present near healthy trees, it may be necessary to protect the healthy trees with root disruption procedures to prevent t:'= • `s'� ' .•'_•+ ,, ;., ? `i::��.�� :Tree��Pro�ram Continued _r -''?;;': .�,.� i:;ii:,;.' :'. : _. . ��'- The boulevard tree plantiiig�program has been continued for 1994. s Tiie.program provides h�ees to reSidents interested in dressing up their `�°boulevards: For"`a pre-payment of-$50 per tree, homeowners may � select from three varieties of tree.�•available: Norway Maple, Ameri- ;� canzLinden and=Summit Ash. All of the trees will be approximately 2� 2� 1�2 inches in `diameter and ten to twelve feet ta11. ,They will be ��'3nted�arid�stalced;in tlie;fall by a landscape contractor hired'by the ��.,� - - .�... .,�: . .. , , a ., �y: Eacfl�tree�.will�be;guaranteed.for orie year. ' �� '`�= '�` : �'•• : ''�;i�;�3;,''ti?d',�.ti=3t��,��t�H.fr:;J:i�.='Sr":�; : • '�#' ;;,�„ • -�t .-'d�;-L .ii��,.a.y-,�, ?,�.. S; 'iC.,k � !•'�. e Y R$*�'.i � K2s�: �'•'� . �;;��If;y,ou are'interested.iri;partic�p�ting,-coritact Diane�at City-Ha11, �;452-185Q;� . k•�. :��:.yti.. , :. , . *� " to .'placeFyour 'name on a prioriry list Trees are.made Y1,`, �'available;on`a,fust�come; ficstserved basis.s�� r _ . f°,i:`. ;ti�,- ;;�:� :.f.'� aiw.J. ew�`'`�- �C-, .. .. �,;p�.'�y�{�R .. C:,I.� � . . ��: • .. . � �:'� �?'L •:�'Siil 13Ff�..i�.Wwk.et:�+ilK. ,. •�:� �.e:> i`5:�.'+ — � the spread of the underground infection. To be successful, all grafted roots between healthy and diseased trees must be cut If healthy oaks of similar species are within fifly feet, root disruption procedures between grafted roots must be done before the infected tree is removed Oaks originally infected by the "picnic beetle" are capable of producing the fungal spore, and must be removed before April l of the following year. The City of Mendota Heights does not employ a forester, however, we do have referral services available for residents who are interested in obtaining on site inspections and professional help in dealing with tree diseases. Contact City Hall at 452-1850. Teens Will Lend a Hand Teen Temps is a project designed to link youths aged 13 to 15 with elderly or disabled individuals who would like to have someone avaitable to assist them. The Teen Temps program was developed and will be administered by a local boy scout as his Eagle Scout service project His desire is to find something constructive for teenagers to do this summer and at the same time provide assistance, ranging from lawn care to babysitting, to members of the community who could use a little help. The city will not act as a coniractor or employer, nor wilt it accept any liability for Teen Temps. City staffwill, however, facilitate the project by serving as an intermediary. If you are a senior citizen or disabled resident of Mendota Heights who would like assistance with yazd work or other chores, or a teenager looking for something meaningful to do this summer, you aze encouraged to contact City Hall at 452-1850. Noise Getting To You? Everyone would probably agree that listening to the birds in our backyards is preferable to the sound of planes over- head. When air noise gets unbearable for your family's lifestyle, the Metro- politan Airports Commission wants to know. The MAC Air Noise Complaint Line can be reached at 726-9411. If possible, when you call the MAC, please be prepared to provide informa- tion on aircraft type, time, location and direction. CITY OF MENDOTA HEIGHTS MEMO June 2, 1995 TO: Mayor, City Council, Gity Adminis � FROM: Ka.thleen M. Swanson �M-� City Clerk � SUBJECT. Liquor License Heazing, Mendota Liquor INFORMATION A public hearing is scheduled for 7:30 p.m. on Tuesday evening for consideration of an applicatian for an aff-sale liquor license for Mendota Liquar. The faciliiy is proposed to be located in the Mendota. Ma11, in approximately one-half of the space formerly occupied by the _, MGM Liguor Warehouse. DISCUSSION Staff has reviewed the license appplication and has determined that all ardinance requirements have been met and all required documenis have been submited. The facility, as proposed in the submitted flaar plan, meets the size and storage requirements of the ordinance. The Police Department has compieted its investigation on tha license applieation. The report from Chief Delmont find.s that there is nothing in the background of the principals which wauld preclude the issuance of a license. Mr. Pat�ick Soen, ownerloperator of Mendota Liquar, has been extremely cooperative with city staff, both in the submission of materials and in meeting the conditions of the liquor ordinance, This is his first ventiue into operating a liquor facility, and he has indicated to me that he will be the sole "employee" at the store. Mr. Soen has indicated that he will be present at the hearing to answer questions from Council and the audience. ACTI4N REQUIRED Since the application is for a new liquor license, under the terms of the liquor ardinance, action to approve ar deny a license cannat be made until the June 20 Council meeting. Council should open the hearing and receive public comments Mendota Heights Police Department N�iORANDUM May 8, 1995 TO: Kathy Swanson City Clerk FROM: Chief Delmont The police department has completed the criminal history checks on the following named individuals: Patrick Soeun DOB: 7/20/56 Bunthoeun Pol DOB: 10/10/58 Bunthoeun Soeun DOB: 10/10/58 Sophath Soeun DOB: 7/20/56 The results indicated nothing that would preclude either person from being involvec� in an off-sale liquor establishment in Mendota Heights. CITY OF MENDOTA HIIGHTS �:� • May 31, 1995 TO: Mayor, City Council and City Admini FROM: Kathleen M. Swanson, City Clerl�l�'� SUBJECT: Liquor License Renewal INFORMATION: The Marriott Courtyard Hotel has applied for renewal of its On-Sale Limited Service Hotel and On-Sale Sunday Liquor Licenses which expire on 7une 30th. A hearing on the issuance of a renewal license, required by the city's liquor ordinance, has been scheduled for 1}uesday evening. DISCUSSION: The applicant has submitted all application materials, including insuraace, bond forms, and a statement of liquor to food sales ratio for 1994, as is required by ordinance. Police Chief Delmont and I have reviewed the application contents and find everything to be in order. The Mamott Corporation and local staff have been excellent to deal with over the years. We have not received any complaints with respect to the liquor license, nor have there been any license violations. .. • � �:� �• • I recommend approval of the renewal of the Mazriott liquor licenses, subject to any public comments received at the public hearing. - � . . � i. . � Council should conduct the public hearing and, if it concurs in the recommendation, should pass a motion approving the renewal of On-Sale Limited Service Hotel and Motel and Special Sunday On-Sale Liquor Licenses for the Courtyard by Mamott Hotel. CTTY OF NIENDOTA HIIGHTS Ti � • May 31, 1995 TO: Mayor, City Council and City Admini FROM: Kathleen M. Swanson, City Clerk SUBJECT: Club Liquor License Renewals,��y,5 INFORMATION: Applications for Club Liquor License renewals have been submitted by both Somerset Country Club and Mendakota Country Club. The current licenses for both clubs will expire on 7une 30th. Hearings on the issuance of renewal licenses, required by the city's liquor ordi.nances, have been scheduled for 7�esday evening. DISCUSSION: All of the license requirements have been met by both clubs. There have been no liquor violations by either club, and both, as always, have been excellent to deal with on liquor licensing and operations. Police Chief Delmont and I have reviewed the application contents and find everything to be in .order. RECOMMENDATION: I recommend approval of the renewal of Club On-Sale Liquor Licenses for Somerset Country Club and Mendakota Country Club, subject of course to any public comments received at the public heari.ng. I�i�[�]�i;�:�i � � - r Council should conduct separate public hearings on the renewal applications, and, if it concurs with the recommendation, should pass motions approving the renewal of Club On-5ale Liquor Licenses for Somerset Country Club and Mendakota Country Club. CITY OF MENDOTA HEIGHTS MEMO June 2, 1995 TO: Mayor, City Council and City Administ FROM: Guy Kullander, Building Manager SUBJECT: Resurfacing of Police Parking Garage Floor DISCUSSION The Police Department has three parking bays located on the lower first level of the City Hall building. When the concrete floor was constructed in 1988, it was painted. This painting provided little protection and has now mostly worn off and the concrete surface is becoming pitted and dusty. I contacted four firms to recommend treatment to resurface the concrete floor. Three firms submitted proposals which are attached. Two of the firms, TMI and Grazzini submitted identical bids of $2,490. The third firm, PSI Concrete Surfacing submitted a bid of 52,585. RECOMMENDA�ION I recommend that PSI Concrete Surfacing receive approval to resurface the concrete floor. They propose to use an acrylic coating rather than an epoxy which the other two bidders proposed. The acrylic, unlike the epoxy, does not have as an objectionable odor as does the epoxy. The acrylic dries in one to two hours where the epoxy requires eight to twelve hours to dry. By selecting the acrylic material, the "down" time to complete the project and make the parking bays usable is one to one and a half days. Using the epoxy will require a minimum of two and probably three days of "down" time. • PSI Concrete Surfacing was the firm that resurfaced the Fire Department floor last year. I talked with John Neska, who oversaw the project, and he highly recommended this firm. ACTION REQUIRED If the Council so chooses to proceed with the resurfacing of the Police parking area at City Hall, they should direct staff to issue a purchase order to the - selected firm. GDK:kkb F_ . MAY,-31'951WED) 11:24 TMI COATINGS TEL�612-4�2-Q�98 P.001 PROPOSAL TMI Coatings, Inc. Z805 Dodd Road (444/35E/149) Saint Paul, MN 55121 (612) 452-6100 Fax (61?) 452-0598 CONTRACTORS of Protective Coatings and Linings for Industry COA7IKGS, INC. � � NOTE: This proposal may be wfthdrawn by us if not City of Mendota Heights � accepced wiihln 3Q days. Attn: Guy Kullander, Parks Pro�ect Mgr. 1101 Yi ctori a Curve ' oa�e: May 31, 1995 Mendoia Hei ghts, MN 55II8 , Regarding: Undergraund Parki ng Garage L (6I2) 452-I850 _J Fioar Sealer Dear Si�612) 452-8940 {faX} We propose to fumish all labor, supervision, material, tools, equipment. transportation, insurance and tax as necessary, subject to te�ms and conditions outlined on the back of this form, to perEorm work as specified below: � TMI Coatings, I�c. has visited your facility, inspected the Po]ice Siation Undergraund Parking Garage, 30' x 36', and proposes to install an epoxy floor sealer with the follawing scope of work: 1. Yacuum steel shotblast concrete floor to clean and prepare far coating adhesion. 2. Apply two coats af a deep penetrating, clear epoxy primer/sealer, applied at 200 - 250 square feet per gallan per coat. YOUR COST INCLUDING LABOR APlD MATERIALS INSTALLED . . . . . . . . . . . . . . 52,490.00 TMI Coatings, Inc. has completed numerous EPDXY FLOOR COATING PROJECTS, including past work for Mendota Heights Fire Department, Mendota Neights, MN; Minnetonka Fire Department, Minnetonka, MN; Landscape Junction, Lakeville, MN; Lake Johanna Fire Department, Shoreview, MN; and many others. . Yf you have any questions ar when we can be of further service, p►ease do noi hesitate in contacting us at (612} 452-b100. ��W ��Q�� DATE 3# P G 1 F X�.�� TO _ =ROM . !f;(1NiAC� US �F All PAGE� N{�T RECr��' NATIONWIDE SERVICE SINCE 1923 GONTRACTORS T(ie, Terrauo, Natural Stone, industriai Floor Caating 12Q0 West '79th Street ■ Minneapolis, MN 55420-9860 ■(612) 881•1124 ■ Fax (612) 881-0306 CITY O� MEND(}TA HEIGHTS A'ITN: Mr. Gay Kullander 11Q1 Victoria Ciuve Mendota Heights, MN 55118 ' - - DATE �y 31, 1995 A11 quotations subject to acceptance within SUB3ECT po�� p��$ �ge 30 days, artd to the terms and conditians as 1I01 Victaria C't�rve outlined on the back of this farrr�. Mendota Heighfs, Minnesota Quotation based an use of hoist at no charge. Sales tax included uniess otherwise noted. ARCHlTECT PRt?P05AL Gentlemen: We propose to fi�rnish all labor and materials necessary to install appraximately 940 sq. ft. of Rustoleum's Overkrete E-100S high build floaring witkun the above mentioned area. All of this work has been figured during normal warking haurs of 7:00 a.m. to 3:30 p.m. weekdays, Manday through Friday, for the sum tatal of TWO THQUSAND FOUR HUNL�RED NINETY DOLLARS ($2,490.00). Notes: 1. I have enclased information on the above product. When considering other systems, please take into accaunt the thickness of the material being placed. Overkrete will be installed at approximately 30 mils with a non-skid te�ure. 2. We have figured shot blasting as a means of floor preparation due to the oils and dirt in the slab. It is aur recommendation, as well as the manufacturer's, that this areas be shot blasted to ensare a proper bond. The above prapasa! is hereby acceptad: :.'�; � . �� - - ;Guilci; ct� '�� TiLt\G� Respectfulty Submitted, GRAZZtNt BROTHERS & CO. � r By Maria T. See /lh � ..� YEMpEII-4AllyL[ INST�TUT! W AM[IIICA ■C GERAMIC AN� QUAFtRY TILE • MARBLE AND GRAN1iE � TERRAZZO AND EP4XY PSI CONCP.ETE SUP.FACING TEL=1-61?-535-2644 May 30.95 t r .:��.1 a Concrete Surfacfng, Irrc. P.O. Baz 18S • Rogrrs, Minneso�n SS?74 yProccduro for floor reswfacutg uf gat�gc fluor �' Rcfcr'to pagc 1 of bid for I'.S.I, and Cit�► of Mondota Iicights responsibilitios. �T .. . • � ;r.- 15=01�No.002 P.03 � , No. of Pnge� 24 hrs. (612) 533-2644 Fax (612} 535-6934 1. 8lasttac area creating a profile to aeeura ulhcsion. 2. Apply pticner ceat of #i 12 to allow panetrati�n int� aubctrate. 3. Applv scratch coat vf #1 S 1 arith vatiant powdcr for �Iler to help smooth roughnesa. 4. Appty body coat of # 1 S l fon c�avy wcar surfaco. S. Apply top coat of clear !/l l?J162 for dwnbla hnrd fini�h. ApproximetBly 48 - 5� mila ((juirV� flake and pigment optionnl, to be detarmined try custaancr). i'Not�o: Tlu� bid dc,e� �iut includc P�wl wncrct� hcalcr ihat w�ul.ci be 5100.00 per kit iastallcd. 4Noto; One Pcrcol cvncrctc hcalcr }cit�will fill approx, 70-84 T.ancat fcct of crack at 1/4" X 1/4". � Approzimately 94t3 cc�i�ase 1eet. ==msamaierim�� _=____-===�o�� ca��=�==__=�_=====-�--=o-o�= ______==_=== We Proposo, hereby, to ii�rnish rt�terlal und Inbor • completa in accordance with abovc specificati�na, fcv� the SUlll Of ' �I� thousw�d two,j� rcd and thi four' and 00/� dollars ---- - ' _._.... 4.40 � � �� Te�me: Thlrty ��o dowti and ilto balance dua upon complation, ��y S� A1 rn�t�Aal l� pW qMr! ro!r a�tie14A. 41 rork te E� M�Ip�Md h a rO+iAunlArl �nr�� Aulhetlla aamAlepM�unAuAp,Mehr �nral�rrHnp�RwWbnlpnabewtp�l:iallenf4�roAMp��ln Bi�+nture oo�n riA M cunnrl ew� ��nn aehr.e eur1.� uut .m hkor�r an aHa eM�p� a.r W �ba� iM n11mo1� '�N �pern+.M� nu�InQ�ro ��nn N�kq. Kc1y�M� er drlyr byOM Nn cdsird. U Orlrr tn arry W�. wn�dn wt nrAir ��uy In�vare�. Ow �or1w v� hdy ea�rd by a Wotluern'sCav�nwkml+w��nr . M'IShCf fl �� • ..._. . .... ,� �tt��ttxncE uf �Irz��ug�r1 _TM.�»�.,,...... � •poeifieadoru �n6 ooM�tbns w ��ddaaoy and w Mnb� a000ptM. YW nro '' .v�horfzee a Ev Ob wu�k rs i�udllod. Payrtwni wlp o� maa a� atl1nW aborv. ;� uate ot Aooepunor: '• . .:,� �!�1ti!w+�f'n!1��4!�!!AM!t!!M►'�N'!fMspN��l!•';�� 1 • r • 6lpruwr� 819niex� Qo1�: TNs propot�t may De by u� Itnoc aaoPtod widile.. _..,..... oaya. t. ..;.•. ... ..�a,•;.�,�.r ....�.ra r y� • :..� •... .. /� ' Y q a ri � � vy�'3JJ `b�� Jun 01.95 . .. .. 7=15 Na.005 P.01 � �i'Q11'CZ'�'�@ � Sutfa�`ng, I�C. P.O. 8ox 16S • Rogrrr, Mtnnesow SS3N •(61Z} 53S�+�i644 • Fce�r (6I2} S3'3=6"934 I�ttJMBflR,OR DDCEJMENTS . � `II�tCt UDINCi'COVAR LB'F1'�R: ..._ � � . • ' . .. `'' - DOCUMSNTS FOR TI�E ATTN: �� u I id,�d,�► r„r, r�ac rrv�au� ��"'.� - �'"9'�+'� �orra x�nHa��: �!s".�• l�'s""o LlOC"TJt�+l�:NTS FRf�M: ,�.,� � fr- fy'%i �%G�;,! • • .. FAx NUMaa�: (Gi2} 535-6S�3a �ror� r1vMa�:,,..�,_. . {b!2) �3S•2G44 � � �• � _ �.: ,� , !/ . , i , •,, � : � . / _ I l� r• � , -� .r e / .� � / / � � .�.�� / 7 � � � r � r I � C ., � / .. //�/.. -....�.......i..��. �,�w.�.� If there ur, any questioi�s rcgnrdic�g �hia transmisslon, pleaso concact P,S.I. 4urphancs an answeral 24 hours a dey. sontby: o� Wt ��1cr . s: 'lYme� Da�e: --�'�_�+` 9,�i'" .;. .� .. � � � � D � O� O Concrete Surfacing, Inc. P.O. Box 18S • Rogers, Minnesota 55374 •(612) 535-2644 • Faz (612) 535-6934 Mr. Guy Kullander City of Mendata Heights 1101 Victoria Curve Mendota Heights, MN. 55118 Dear Mr: Kullander Thank you for this apportunity to urtroduce our company, products and services that we offer as a factory qualified applicator of commercial and industrial floor coatings. P.S.I. began business as an industrial cleaning service approxirn�ately elev+�i years ago. We completed projects for contractors and private owners throughout the Midwest. As part of this process, we evaluated altemate methods of preparing surfices to receive the new saphisticated industrial coatings that are eatering the marlc� place. Our goal was to ideatify �e �timal cambmatian of preparation and product that would bring our clieats the best possible results. It became evident �at �e cambination of Blastrac floors with the appr�riate coating system would add many years to �e life of caicr�te surEaces. Blastrac is a unique process that incorporated a self contained; portable sho� blasting method of surface preparatian. It is a"one-step" method that strips, cleans and etches all at once. Stcel shat is hurled to the floor at high spee� through a campletely enclosed c�ifugal wheel. 'Ihe surface is left dry and chemically &ea without ge�erating dust pollution and totally elimmating any drying time required before coatings can be applied. Since the pores of the concrete are opened, , variety of floor systems will adhere successfully, including methyl methacrylate, e�oxies, urefihanes, polyesters, vinyls, sealers, et. ' We have found these products to be very successful in a variety of applicatians. They offer many outstanding feahires including: * Flooring Systems (one hour cure to forklift traffic, 6,000-10,000 PSn * Crack repair in 10 minutes to 5,000 PSI. * Odorless applicatians, solv�t free, water based products. * Various systems for light sealers to heavy troweled floors. * High str�gth for wear, impact and abrasion resistance. I would be pleased to review your concrete restoration or indusixial flooring nceds and to assist you with product selection, applicatian recommendatio�s and estimates. Sin rely, � Jce Miller . Industrial Flooring . � ♦ FL Y T DESGRlPTION The Rohalith� resins are based on a blend of acrylic polymers and copolymers of inethylmethacrylate. Rohaiitho resins wi(I bond to a wide range af substrates including concrete, wood, asphalt and metal. Unlike many other palymer resins with higher viscosities and lower wetting action, Rohalith� primer penetrates inta poraus subs#rates such as concrete and cross-links within the substrate har�zan- tally as well as vertically. The polymerization within the concrete establishes a bond which is stronger #han concrete itself. The intercoat adhesion of Rohalith� products occurs chemically and mechanically even years later providing a seamless monotithic floor overEayment This feature ailows effective repairs to be made quickly and easily in the event of damage caused by abnormal use. Stockhausen Flaoring Systems are available in a standard range of cotors: Grey, Red, Green and Tan with adjus#able anti-skid features where required. Manufactured by: Stockhausen Inc. 2408 Doyle Street Greensbora, NC 27406 Tel:1-800-334-0242 Fax: (910} 333-3518 A COMPANY OF TNE HU�S GROUP � , � �tc+s�' � � � � � � � �' � E� �v, � �., a �: . ,. �� , 1. Short Curing Time Stockhausen Systems are ready for full service within one hour of cure. 2. Wide Range of Appiication Temperatures Rohalitho can be applied year round. Curing will take place at temperatures ranging from -10�F (-25° C) to +104°F (+40° C). 3. Chemical Resistant A Rohalitho floor is resistant to a wide range of chemicals including gasoline, oils, dilute acids and alkalies. 4. Durable Surface Rohalitho is seamless, tough, and has a high wear capability for pedestrian or vehi- cular traffic. 5. 100% Solids Contains 0% V.O.C. 6. Will Not Support Burning 7. Moisture Resistant Once applied, a Rohalitho floor is impervious to water. 8. Ultra-violet Resistant Sunlight and fluorescent lighting will not alter floor color. 9. Chemical and Mechanical Bonding Rohalitho has the ability to polymerize to itself inside a porous substrate giving both a chemical and a mechariical bond. Excellent intercoat adhesion is aquired by polymeriz- ation between coats, and effective repairs in later years will also be chemicatly bonded. 10. Easy Maintenance Floor surfaces are easily cleaned using standard industrial methods. The anti-skid aggregates when used are coated with Rohalitho resin to facilitate cleaning. 11. Non-toxic Resins Rohalitho resins are non-injurious to health when used as specified. 12. Cold Insulator Rohalitho overlayments serve as an insulating layer to provide a better work environment. 13. Adjustable Anti-skid The surface texture of a Rohalitho floor can be altered at any time while still retaining a monolithic overlayment. 14. Easy Application The ease of application of the Rohalith�' materials allows for excellent production rates thereby reducing overall labour costs. �� i .� ...... o �..� �:. � . ;.. •� i'• � � ` • .. __ �� . �• tCY:'4�T'� �i...*+.:�► � � STOCKHAUSEN SYSTEMS BASED ON ROH RESINS � ~r � CITY OF MENDOTA HEIGHTS MEMO May 23, 1995 TO: Mayor, City Council and City Adminis FROM: Guy Kullander, Parks Project Manager �� SUBJECT: Resurfacing of Tennis Court and Basketball Court BACKGROUND During the mid-seventies the City constructed double tennis courts in six parks. In the mid-eighties a one park per year resurfacing program was started. The past several years no court resurfacing has been done. The resurFacing cycle of one park per year is scheduled to begin again this year. The basketball court constructed at Mendakota Park is showing signs of wear and was scheduled for resurfacing in 1995. Fundina Funds to resurtace one double tennis court and the basketball court in Mendakota Park were included in the 1995 Budget under Parks and Recreation Maintenance. The total amount budgeted was $5,000. ExistinQ Condition of Tennis Courts The City has received several complaints about poor court conditions in four different parks. To determine which park should be first on the list for resurfacing, two firms were asked to evaluate all six courts. Both firms recommended that Ivy Park needed resurfacing first. The remaining five parks will be addressed one per year. (See attached proposals). After receiving the resurFacing proposals, I contacted the low bidder and requested the cost to treat only the cracks on the courts scheduled for future years so as to extend their useful life and to accommodate those callers complaining about bad court surFaces. The total for this "add on" would be $1,070. � Bids/Proposals Received Two firms were asked to evaluate and bid on the resurfacing of tennis courts in one park and the basketball court at Mendakota Park. Recreational SurFaces' bid was $4,400 for the tennis courts and $2,100 for the basketball court. C&H Construction's bid for the tennis courts was $3,025 and for the basketball court, $1,745, for a total of $4,770 which is $270 below the amount budgeted. If the additional proposal to seal the cracks in four other parks is accepted, the total contract amount would be $5,840. RECOMMENDATION I recommend that the low bidder, C&H Construction be awarded the contract to resurface the tennis courts at Ivy Park and the basketball court at Mendakota Park. I further recommend that the cracks be sealed at the four other tennis courts as listed in C&H Construction's proposal dated May 19, 1995. ACTION REQUIRED If Council so desires, they should award a contract to C&H Construction to resurface the tennis courts in ivy Park and the basketball court in Mendakota Park. If Council so desires to have C&H Construction also repair the cracks in four other parks, they should be aware that the additional $1,070 would result in the total project being $840 over the amount budgeted. GDK:kkb . t � . , 'Y•i Y`, : ! ' i • .�'� 4I�: •4rL'y^^�^`� , . .0 & H::Construction�Y : r�. •,=.-:-r fIM & TROY CARLSON P.O. BOX 290 � ' ' � 108 MAIN ST. N. LONSDALE,. MN 55046 PHONE: 507-744-2824 BLOOMINGTON, MN -PHONE: � 612-831-5427 . May 16th, 1995 ` ��:1•: P-_t'.. :.y:,�,�'..f.ti'. '��1�� • . . • . ' _ - . la'.+&."�>.�-._.�.'sf'I,S•k:32i%`.tl;.�i.•�=_.._._..._...,Ct�.._ ,.•'i;fd4`.�:-i[,;:'�`Y_. . __ . ...'i'._ ....... " " , ,;,;'z'; �:i:�%;�:�A:?{��r:7,�L:�``,C+': . ?'M • � i . . .. • City of Mendota Heights � ' 1101 Victoria Curve Mendota Heights, Mn. 55118. Attn: Guy Kuilander/Parks Project Manager _ _ . , - - . • . .. . .. . ..,;. .- . - ' ' . RE: TENNIS COURT RESURFACE PRIORITY LIST. � Guy; . , � _ .. , - , • � - Than`k you for caliing C.& H.Construction regarding•your tennis court •,.__ � facilities.. C.& �i. has�been. �in.,the tennis •court .and-running track � -� , _ � . industry .for 25. years_,xand:,,.we...pr.ide j.ourselves ;on.,quality;..and. dependability. .. As you requested, ' I� stopped �and� lool�ed:° at ��the��`six -parks �••with tennis courts -. - and one..bask�tbali::court.�..�The:r;.six;_•.par�ks�:are:::in.-order��of,.priority, to be _ resurf • " - =_.:- - ,:;"•,; = - - " ; �:3<" ;,'_'<; - ' ' •,� � ,: _ . aced. ,. <�� =:�:<a:._. �'r;': :�.<� - "`� :r �- �:� - -- := .:� �:.;:.. � . .. . . , � - . .. . . . . . .. , . ., . : �: ... . .. . - .:�. . .. . . . . _ . . , . . . . . , , . - . , :;�, . . . . . IVY HILLS PARR -- - -,-- �. � - � ��1%2-!' �=-`� 1 � 1/2 �� cracks � ( approx.400' ) �-•.-many patche� � - peeling all over surface� � �, 2. VALLEY PARR . � -- smallFcraeks ° • • . • � -some patche� � .- - peeling' and- edges ' �� _ 3 . MARIE. PARR �- � . �:�= ' :, �=y�.: �-. -. _�small° cracks ( approx: 30! �)�t'T'• y��+��'�"'• ' "' �2-3 �patches • . • :;<:r � - _ - ..,�_. .r:.:-� �:worn;tii,but •very�,playable... � .Y.; „ _ *grass_ <edge j`� r A.S � - ' . _ ' - 1'�' s. •-� " " t: ; !� 2 . �' :..H" �:;1. r_ ,� �.L � _ � .. .; , . +_w..s�%'i.4. :i.'+,�,i"; :�:��'.. .+:'>_ . - - . ^"`•.':N,C!. ..' r • = : i. „ ; �v .a.?... : .�;�?::: _, �+ �w - 'needs �to be r!`. ' ;.in ::.%': �a�� — . �:.::1.::.' . -..�'_c:"' ' .i i �.l.G. .f" ^ �� 1:-" � -�±'. � ,'�.'.)" f - +:M1.' :,�f"� v' ' a�•.�: ': j%. ':x�c:� .-�:'�';"•` �='.b . � L ::{,c,,;r: ':'�w :�r;• '9.i�>.1-TS'.-w xt-•"�'ti�' '.i;: :ii.+.;�7�s<;';a`h:" �'S. �.c:::.;;r'...,j�_ � • , :`1'• :«�'•`�',r_c.-:� ; s.`ik•}�Y'�s�;••S1_ �-.,,� „P +i,:;�=r^.,+'Y_-n.�.i}:.,K. '` :+�.-a. - :,.?`�� ..is,:�:. '�:_ �" ,.&:t;,�,. � �::i�:i;;d1n - � �.T''% :' J`:i. ix .J`:�: t' ,7�.�,,,;e: � o �1:.--. ;4�i .�✓,'. .i-� L, -T� �c�V'�� ,"�:.J,?l1.a�.'r'-i^+'G:.'1.�•..�' : - '?,� 'f.• k-.�'.n . .. ��:�;_ - �::r;f�. � ��J.... _ ��.. �•-• �._ _ . f � v. .� . -= dug�:�down.µfor . . :-�^;:s.` � .,;� "�' '�i'. c"' - 4 �: r,� r-.: d'--..'.�...;. _,t�: ::`, . .,r.4.,�, ..v �� ;°J?:.�: . t '�`Y` r••.:->1e. ��W '.� ••- .-.. '•w - � .,.� 4 �1..`'�• - �.L�: �Yi. -V'�1•:� t �1':N!� � nf � ::i� � •:%i:_ . �,� - _ .,._ - :'�� . ro er�water _ . . -_,,:� -°;::'= ;.z��' :. . P P . . • `J%t�.' r:i _ . . i' �l-' ' • - ' . _ __ _ - ... - . . =�� .-�� "e _. . . draina e . . . xr:��'� - , : � . �� _ . . - .. � . . .. . . . . , .. � - - 4 � � ROGERS �`LARE�` PARK.�' � •�;4r�s' ... " •r II'�+ , ' _ , .. . '• • � ' `.ia � � �.• � > � � � ' n N�_ ir. �,.1 /2_.. ? � ( I • i e.".: K' H,'' ._, '-, • _ , • `'�"' • .cracks�- approx ��'120� ).�,��;:��;. .�:_��:'�few;;patches ` :.5.: : �LL... • � i`i'� .. � .t, i . . .�.y.`�;: �i�,:_4++��,-;' .. �-:. :;,•• , '..�: . :'.:y��r:y .y ��M'�i _ •:ia�+ " '.'C�SIt',.,'.i::�: l�{"zy'�_ •�.•--f:- _ . ,x� :;;-`:.,.,ra..R .,�bs�,,,-a� ,1i �ht�. eeling >. ;�;:n -_��,�:.��.:: ��,��:�;�,.. - .;a� �'�=w. . � - - . . � .�,:,. .a�•��,,�.,,".. „:a.;,: � _ '-P � . , - :Y.� �"=_ . ;>:;� _ ... . _ . . •• .r --� � . . . . , -._ � . - �- - .' "�, _; � . 5 ' WENTWORTH � PARR �;=.`Y.' ''��' ' ` =`-''�- _ . � . .. _ _ - . - _ . "small'� cracks �(approx:100' ) . _ _ , �•*grass'`at N.E � • - - � - � � • - -� � �\ -� � 1=2 � patehes - . � � �� . . � - ., . -. ._. , corner needs . , _ . � . ; • _ . , , , • - • - . . _ - • � to be dug do� ' - , . , . � . : -- . � for proper - - � � � � w�ater �drainac 6.: FRIENDLY HILLS �PARK- . - small cracks:: (approx.�100 _ ) . . . - � � - . .. . .. - few patches . . .. , .: .: :__:. ,. ,.� . - - . � . . �= -• ' � � . ' � - .- " � . . , . . ' feel-that �,Ivy. Hi1�.s�;�Park::�is=:in;.:the;,worst:��condi.tiori<;and;>in;�,t�e.:,�need�•{�of�;-the:,.�r ,,. -. � - 1�ost attention due;;:to.�the,��amourit;:>:and�;size.�:�of.;:cracks_�;:as.::;well�y.as_�:the.�,•peel�i�ng_of . , . , �rr,,y;.�i = -`y`.�aq - ' '.r , �i; �`_ ; a-:'� - F' - � . . the surface. - t:F.�. y3,_, _ _ ��; _ �' _ �;�i:�r,;=4-` _ . .. , ic4.i.•��' ' '_ . • 'I , ' � ' ..'- }' . 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'.�d' - : �.{s� , r�4 "y;. _ ' ;e"s^ , it: ��*- .%.= � � ' �u __ ' p�. :s • ':4'.. .z � � �-� �'., _ s� . � • ,� . `f ;: �,�,--h`r''4'' "' .� •, `t - `•;:;,5?� �= �r� "-�syy�,', • .�3� � . � �•.;;�s?-c;'' '� . ,-f � L' ' � � �� ^iT�J:•'•? � l. �� ?"�. ♦ 'iT' �'R�Y`,�i ni Yi:.r . �'.5�; - �: P' v.: � .,2�#�`z..�C^i!'�. .F,SI ;r�:r.. ,. _'-�-�-',.:;....:• �1� - k. e�'.`•S1?'�?�. � ''�, �' ''�j �"s'x:•>"> *�- ,.;�.. s ��`, _ x`2,::�..4_�?'t.��..�7�..'.�'F. .�.. ,:;�:a_.`_�_•v .t..�„ rc•. -_�_ :3.,iL. �. '%.rr7�'�r ,".f`\.'. _�"+..�ec•. ,�.:a�1 -t. K;-.,:..,.::,-. ~ a } ;a.....1:..� ;J.; _ ,ti:, _ .4. �+ e.� i �. .v�.� .3 �� _ , ',i'��:;�:: - �._..rL�•� n, li•.• �,�,�L,.,..- - ^.0 •v.� .-r- —n¢�. ��. . H. I�F.t_. ?r';:,.r, S,".,_ .. ..7. i�.. - ..J ..-:3..r +.iv:-.u... . R� ��.r^"; �i%;-:-.!ou,.'i � - ' � - .`�"'.' . nv 1 v .�c.� ::,�<:.: _ � _ q 3t, - : tij .�� i ' . y.��'{ �v,:i. -,V.. �ki<•w�.��,i�a _ k:�is`1��'^.Ve.�'T. .. .,$ J.,e:=" . . - .:-'af"=�.?>�... :;v,ii;•,_ ..s�Erit��•.:...�...•:.-..:::�. :3!^}�:k:3;5:� .f•.�.'�.?'i;^"N•.�>:-:,t4:,''r+•;A?'r .--'�`.,-�.�i:<:''•�T�L�'��:...,:'s.. . - • -t.�.c..?, s:i,c - -'�.' v,r�w-.,.,.�o �4... t��, ,.'+rr..' •p: .l.:ko�i . _ . , . _ a3as`., �!i; . - 'i�i'i=�r..S"' .c,,�r,r�.,.z.?:vrr`•y _ � .s.:� ' , =.�r-eiaw , • i ' ,... a . .. . � -� - . _ . � . . : .. - . .. ' :o. _. ' ��,., -�°:t . � . . . ' ' . � ii �_ ' . . ��.�. ;.�C;-& �:.:r� :. : Construci r=.;��:`TIM & TROY CARLSON P.O. BOX 290 - � ' 108 MAIN ST. N. LONSDALE, MN 55046 PHONE: 507-7442824 - BLOOMINGTON, MN- _ PHONE: 612-831-5427 ,- . . . _ _. ..... ._, :� . , , J �� = -,-.2: �' . " Qualityand Dependability;,,�: .- ��;:�:: .. .. = � . . ; �•i:.:., ;•. . ' . . .. .. • - ,. . , / The prbcess to resurface your courts would be as followss •1. Scrape surface of loose material, dirt and debris. • 2. Ciean cracks of dirt and debris. 3.�Fill cracks with elastomeric cracic fiiler. 4. Patcfi and biend low areas of.depth (bird baths) and blend to surface. 5. Tack needed areas to ensure bonding. - 6. Apply two black, sandfilled asphalt fill coats. �- 7. Apply two textured, colored'acrylic coats. ' 8. Upon curing, 2�� white regulation playing lines would be painted on. •The.price to resurface Ivy Park;tennis courts would be.$3,025.00 and would - � carry a one year •manufacturer � s �warranty. ,'.�, _ ->, - . . � ,. _ • . • .>:The..�price� .to resurface.'�basketball•. cou'rtt•at.�Mendakota .Park .would be•. $1,•745.00 ;:• for_ a four coat color sy.stem..and .lines.� ._, , ,.. � . _ , ' .- .•�•:..,..- ,. • •� • . - . • � ' If you have any.further questions regarding the prices"or processes used, please feel free to call. - Thank you, , . � . , � , . . _.. - . � . , - . � � �: . 'M1 � " f. . ..w_ ._ ... .. .. . � . • . � •" - . . . . . x .. " . � a , ' T.Carlson: _ ��.L -_'�...�;- y:=-��.,,�:,�,,�;;:�;�° :;, • _, � =�; , :,;w,� . . - . . '�?' =�� •'. '-s�:.., . . ;�.. ._ . ;.�. , ;�t�';>,��:' " . - . , . .,. • �C:&- H:Gonstruction , _ - , ., _ � .• � . . � . �> - . �;�:.... , . _ . . . ,. � � .. ' _ � ; '`. . ".."'..' - '_ � '. . ; - - .�.: . : � - . '., � - -. . � ; . - , , .. , . . -. - -.. . . . . . . . . , . : . . . . - . - . +,. ..a.. • ` , , . .. t.�. ' ih. e , 4 . .. ♦ ' iF � . . . . • � ��hi{`, ' � � a . 4 ' . • • . � _ ' t . . • . � , • , , '.]:'j`-.:<��; . . • • . ' '<`' ' •• ., � ' � •�• .� . • �� r . . _ . ' ' ' ` . _ ' :lt � . ' ' _ .; ... - • . ' _ !Yfi .. . _ �• ... • "^ . .. • . . �- , � - , ` .. . ' . ... - .. �,�' _'cy.�•• .• � '' • • • ` ' . . ' " •' 'T.`;'`. 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"fa'N .t. .��„ ?'9.. �. a �"'t `-:':q?.a- . . �'.E�I " r �.:�#:e�$: �. -�:r.k;,; "y<;al_.'7...�'l_.-....c .� ��,�.'.�.�• '�'i:�. �ic.{�Y}7a,p?. .}�.?�'.��. �,�.-s.f. ;�i"x_i.`�:' :.�s'.;`< � - ,r - �`ry-.. .a...:. �.A^ ��-s . a�*- j-. - ._L. -7"t.: �'.. . ..+> ��r� iy �t. i. 4' 4•'X' {•1.� • ia �4 . ��C•... �� - _ .i h - . a� •"d : �:'h;r.F:'•; �Y�. �r4 ':'.'`,�• . a�.j.:"t } /'^7.: t4rT� . �.ue.�'��u . . ^a3T, .!."h. r,'� .�.`f':y'-1:` 'it - . . "d %r'' 'i�` -�R..a. t,:a-as . . .. . . -. ..:.. _ ... _. .......__:'t.. ._ - .�:'r''._^ _. ,,..^.ic..x.;=`n�,._•et.....'f'.�:�._ ...._ ..._. �r�,.�i'�:Z•:..�— `'•��kt'�.�.:��"'°.•';': .._�, ., .,. ... .:. � . INSI�liT ON TNE OCGURflNCE GF DELAMINlRTIOIU AELAMTIVATTON tBUBBLIhlG? U81JALtY QCCtlREB DtJE TO FQLLOWIM6: 1. IMPFOPER PFEPARATION OF THE SUFtFACE PRIOR TO RESURFACING. l3l1BBLIN� EXISTS DUE TO iMPf�QPER DIRTY 7ENNTS Ct2URT PFtEPARATIC1h1. THE DARKEhi/DIRTY RESIDUE LEFT BY LEpVES Oft SURRQUNDING VEGETA7TVE RUNOFF WHEIV DRY TS HARD BUT WITH THE ADDITIOIV OF MOIS1`URE 7HIS RESIDUE TURNS SLiCK & SCUMMY TFiUS B}2EtiKiht�, TN� B�IVD �F TFIE tUEW SURFACE PtlT E1N TOP. ONCE THE BQND IS bR4KEN HU88LES OCCUR AND EVENYUALLY PEELING . 2. TFlE USE OF IlVFERI�R RSPliALi EMl.H_SI02U5 ASPHALT EMWLSIONS DO NOT IiAVE 7HE BONDINf3 CHARACTEaISTICS INHERENT IN ACRYLIC F?ESUt4FACEEt5 tFt,.tlUR Ec WATER vs SUFEFt Gl:UE) . THE REflSON CdMPETITOFtS USE ASPNALT EMULSIQIV ZS THFY C087 CONSIDERABLY LEBS PER GALLON. , 3. iFEE APPl..ICATZON LlF A 7AC COR'fiN�s PRIOR TO RESUFtFACihiG . ��;, �.�.0 i THE APPLIGATION aF •ASPFtAL.T �TNUER tTAG) �iAY==�=IN FRC7 LERA TQ THE SI'ftJRTI£3R1 AT tfAtVD. IhEPROPER MIkZhI�'RND APAI�ICATION lfBUALE.Y`�LEA17S 70 A CLQ�ING pF THE PORES IN THE EXI8TIN0 COLpR COATED SURFACE. THE RESULT OF PORE CLOSURE IS THE 21VABILITY QF MQIB'�lJRE 70 DFtRIN TtiROUQH TFiE COLO�t C�RTIlVC� IlVTO TFtE ASPI-1A�7. 7i-!AT TNABI�ITY YEILDS A SITt3RTUTQFf WHE�E THE MDISTURE I5 TRAPPED HETWEEN THE pLD &.I.yEW COATTNGS RESULTING IN BUBFtLES: WHICH EVENTUAL�Y YIE�D3 pEELINQ: ""�"�;K:=?��• ' � -� '.;;''��. . 7HE #�'ROPER FREPARATIQIV. OF. A DELIMINATED & �w�`N�i2A—RESIDUED SURFACE: acc��c��-. ===4w.^�ss�aa��S:CssciaciasL"�a:rxeaax=1CCu�aC9s3CxsCSCszGa�=s��caa WA7ER BLpSTIIVG TH08E AFFLICTED AREAS OFF THE SURFpCE. . : ,�;.,,• ,�: �.�riri�; • .. �t; -�F:. : - � .. ..... . �.{.•: .. . . . • r.Ci1S'%+��-'. THE USE OF BCRAPING. OUT�INED Fhi h1Y PF20FQSAL H Ft30L PROOF. TiiIB PRQCESS GONFRQNTING YOUR TENNI$ C FUiURE PEEt�ING MRY 0 QR BONDED R� CAN,NOT HE SC TO THE IlVHERENT CiiARACTER 7HE ONLV KNOWN WF1Y IS Tp �iNSTpLL AN ASPNRLT RECREATIONAL TENNTS COURT SUftFA CYl1ARAIVTEEe �: i ;?�E AFtERB WII�t; 6" LARGER AUE i0 OUR C' RE—OPEN..THERE I�� pF CRACKS/9FLITS;.:F . � . • .�. FItiF1T 7�iE , ATTACKINQ THOS'� ��,;� . ;x: �.;n�:. , • . •: ;?.;:;: , ,-�`, : '��Recreational Siiarfacers �+ � � IMA RESURFACERS AS 'IS BY NO -MEAtVS .,.ON �i'HE�•�DELAMINATION - _. . � ,�:c�� . APPEAR�STEADFAST .'. THIS. IS DUE � N..PROGESS :DESCFtIBED. �.t - �;�; .: �,; , ,,,,;;,;,; Y, . � �;:�?EELI(VQ/HUBBLINp � $�;2;A40:�007COURT. • ' �'',•-�": • ' - Pi�QROSA4:: & '�.T TS . ,`� `;; � . , ' ;'ti • �:. . ._ • �� a. . . _ • `,k':� WILi. -. .��. g • : r: . .:� 7' 0 6UY: � �S FER MY DISCUSSIQN WITH YOU & INSFECTION OF MENAQTA HEIGHT� PARK'S SYSTEM TENNIS COURTS RECREATION�t SURFACERS WILL FURNFSH ALl MATERIRLSy 1A80� � AND AFFLY OU� RESURFACING EXPERIENGE AND KNOW HOW 7Q DO THE FpLLOWING WO�K ON YOUR T6NNFS COURTS. 1. CLEA� ANA DRY SCRAFE ALL SPALDING PAINT dN EXISTING COURT SURPACES. 2. POWER WASHlBLfiST C�MPLETE TENNIB COURT $URFACE: A 7 GAL/MTN ; 5500 PSI PRESSURE WASNER WI�L BE USED 3. RETER WATER &LASTIN� HAS DRIED & REMAI�ING ED�ES CURL; DRY SCRAPE THOSE EDGES & ANY BUBBLING AREAS. ' 4. CLEAN &�EVE� A�� CRRChS & PQSi FOOTIN�S tACRY�IC BQNDZNG FIL�ER} 5. PROVIDE BTRD BATH LEVELI�O APP�ICATTQNS TO LOW AREAB .�. 6. APPLY TWO ACRYLIC RESURFACER CQATS OVER THE £NTIRE CdURT SURFACES. 7HIS PROCESS PRqVIDES THE SURFpCE'S UNIFORMITY; AETS AS AN BONDTN6 A�ENT FQR SUCCESBIVE ACRYLIC CQATS. iHESE ACRYLIC RESURFRCER COATS DRY NARDER� HOLD MdRE SANA� � WILL NOT SHRINK LIKE ASPHALT EMUL•SION COATS. ' 7. APP�Y TWO SAND FORTIFIfiD RCRYLiC COLOR COR7S OVER".7HE ENTIR� COURT SURFACES. THIS PROCESS PROVIDES.TEXTUkING VIA SxLICA�SAND RESULTING IN IN-DEPTH COLORIN6. tCOLOR: GREEN> ,' 8. APPLY ONE ACRYLIC TOP COAT��VER ENTI�E COURT'SURFAC�S. THIS PROCESS PROVIDEB THE SURFACE'S DURA�ILITY &�LON�EVTTY. 1d. TAFE AND HAND PAINT iHE FLAYING_LINES TQ REGU�ATION.: TENNZB � BABKETBA�� C�URTS� . � =r'',' FOR THE SUM OF.• LIST PRdVIDED';I•N`.LlRDER••'OF ;PERCEIVER�,N�D . ' . �:: .', :.i . : �,. .. , �7�; _h'i IVY HIL.LS: �E4,�4a0.00� � .. .'xy'- ;:y<l�';'��`{� .� VALLEY F.'AFtK: '��4xQ00:�t}Q .. `�•;:=t`>"_�;'i�fx��"�; .. _ . , . . .. .�;i.�3;: f,'06ERS LAf:E PARK: �3, 900. 4Q .. � � �.• :: . � . •' . .. , �_,`'._ ; '`z �;�� MARIE PARK: �#3�,940:00 ' • • . . �;, 'C. ' ! +�, Fr ± sS �Y" MENDAKQTA B-8F3t_Lz'4� ';52,�.1C?O:;CiO".��'r ;:'�.� �k_��* -' . :: F ��: .'.: i u�ntty�t" a:}�i�`-y�. . �j-'�'� •.�'�' .'�.`'al'i'" i ' �7 � i�.. WENTWORTH FFiRTlCs:;�. .S2'880:`.40,�'�q�':;:� ,�)� " . r . . _ .�e� :�~ r. _ ^.•��.� . - Ffr'IEND2.Y -HIL PLEASE SIQN & INDIGA7E;,WHI REQUESTB RESURFACIts[� A8 PER.r=1NY"` - • SIN ' '.. r;,:-�r?': ; . � � Recreational Sur�acers • . ' .":r�'• , 5 SEGHTB �. r: •�ti. � i� S � � ��;C'8c :Fi.; COI � �- � � , . , , . . . . . . ..:- • • - - - -� ,. _ . . . . . . , ,,, - _. . . . "w� •• �... "; .4: . ;�f:r;� • .... .....•, •' _ �. y _,. . , . •:- • .• ,;•� ,� . - � . _ ;. .. . - . .: - — — — — -. -• ___ ..... : : .._._ . .__ . . , _ ,.:'��;�.;'c^ - — i1M & TROY CARLSON - .. . :�>,.. . , . ��.` ., _� � .: . , � _ . . '„`., . . • t . : � ; _ . - ...< ; •;_•: �.. = _- .,,., L:�:.�, P.O. 80X 290 • ' . " � •,� - . . ' - ' . . - . .. 108 MAIN S7: N. - ' LONSDALE, MN 55046 '� - . e�� PHONE: 507•744-2824 � � BLOOMINGTON, MN PHONE: 612-631-5427 May 19th, 1995 City of Mendota Heights � " , 1101 Victoria Curve .-- _ Mendota Heights, Mn. 55118 . �- Attn: Guy Rullander �� ` - ��RE:� REPAIR OF CRACKS AT VALLEY PARK., MARIE PARK, ROGERS LAKE PARK AND WENTWORTH�=PARK " ' Guy; , The �repair of cracks •at the above listed parks would consist of tlie .. .,_ ' �following: � - �_ . • . • . �.. - • _ . .. • . , . - , . . . ... . .. .. .. •- , - . : � �-. -�, • '�..� - remove' dirt and debris•� . ' .... :;;: : � .:•. • . .. � � � � :, .:. . . • � :=��• �. - � f ill ,bottom� orti'on„ witYi rv.l o foa� �^ � "�� '� �� _ •�� 'P '.P lY. in� backer� � rod (�if ° needed ) �':°' ':�.,':;�=a:�::.:_.:.,�.; < =.�� ' - fill last .1/2" �w � � ,. � ��- , „�- �..... - =`�-='. ... .. ith precolored :�elastomeric � crack��fi].ler " `� �� ' `� , repaint white lines i,rhere ::cro'ssed by � repairs � • ._.. . � _ , ., . . , ., . -. Cost�for this.repair would be as�foliows: •• ,. . VALLEYPARK.� ........... ...........................:.........$250.00 .. .. MARIE PARK: . .� . . . . : :':�. :': : : . :�. :":-: : : . : . � . . : i : � . . . : . . . : . . : : . .':�: . : ..$250.00 , , � . . . . . • � � , . .. ' ,;�a.+�:_�,_: _ :�, _- .,,: - _ .�; � • ' ,.�_,-u.. :�i^" :.e'�: �.p; ::ir':..`.*:=:r�::.' •:��•'.-C; . Ii` - - •�.. � `ROGERS =:I�AKE;°"PARK -,- : r. .�`-.=r; ..��°_ . ,�<r..,,_ � � ..�:. .. Y. : ;: � : ^ �' :: : ._ __ : : � �:;...:�:�::' 285 : 00'�'-�`: �y:�;:_. . .-`yfr•` �A• • : • ��•��r��.�'��.• i • • • ��,�'�' • • • • �•.1•• •�1�'� • ••� �� • � •�J� •y��.• • �_ �.1,,4.R"-,c: •�S� �e•�'•:.Y.:.i� . n6�'.�. :��CR. ^ e�Ri:� � 'J4'>. e,5.� � ' �� t;�i,' 1�':Y, . �l.' w4� .".tfn•i�iti �'..�w��:= i� f� � ��•�•:� - . 1. f •` "it•'' � �i:..� Y''�.� a�tii 5�.. � 'f.:.. ' ,.'�3.47^�^;.:..'�,'.- i . _:t z C' i/%':.�i�+_:=�a'r:'.�: �r � �:;.� 1.7� -:f�:s __ 7zT-. .... %��'.,-y=r,.'': . ' �Y' "'s:?=_,.. �1_u,,.,; :Y.��w _ - ..�' '.:A'� y��• d c:i-i .3..r..... - '� ,li�.%d�;c?'.e- �y�a. `J� . k�. Y ' "�:..._£.,P'�: ' - •ji. ' �,{ .Y .V *^ t i.� :�. :4^..,. �.T .G:. � :�:i. . , _ -qe.; ' ` i . '1 . "Y.'..::�r:: �'��t` � �.t".`:��Vtr��^:�::`�;••';:��. .q._ �... ti:y "1.:•.`�•� -H.� .�3'. �.i , t... '%�.�,. _ - .�. ' aaf:'•:::�.:,?�-• - .i'r',., i:. •'`r� � :'4.r ^rf =�:GS:`�.v2°$:+.: � - .'Ya%k . ' �5::' :� . '.. .. . : +;':5.�:. . . •'� � ��'.:,.WENTWO.RTH:_PARR`. . _.. � ��:.<<=r . �;�:�, � �..,.,.__,: `:..�� : �`•. :� ::.•. ��:;-:';� :.. ,: �285.�.00 :k`;,.,: •�.�z;k.: •,�•�:�..�.��I:L.��"�'��• •.�'�.� �'�.�M'.1.�..��•• �`� �.*i• •��•��'�'• •�• • • �:�'.��• •.1 �� • -....Y..`�.Ivy..f� .. L .. . � ' s..� _ , ; ' . ' '\. _. . -:j.. _ ; �: _ _ ... •.�._..,� . � . . . : - ` • ��. • :[ . ... - ... . . _;� �t. . . . , . � . ' , _ . . ' . .. ._. �' • -' ,. I � ., , .. - , _ . ._ — . ' _ ' . . .. .,.. " " . . b,�•.: , . , ' _ . .i-�.:._�,*:;;.REPAIR; ... , .�Y ;; ..._,..k G . , ...� �. .� , , � �� =::_;. �;�t=, .^�,: • - . � '�x ,:�'`�' s..�. ':<�'{�;�- �;WOIILD>�BE�^ DONE` TO;�.STRUCTiTRAL'=iCRA RS-"�LARGER�:�T�TA =-�- x, w ��yCM1�� i��- �:: �:- -. -�ti Y� ,, , C F N =6�,,.,<.;:,,�'�::�i��n,;;,:�:�:;::�: �.7r:�''aE-..=�. �:af_�r . - .tiz. - .1^� - � .. " �ti.:�t..::��a .%:`fi_+' �T: . , " '� , " h - `�'��^r' - , _.�:y:�. �i.; _ , .. _ '{• • _ ,E.•r�� - -.- . _.. .- 't�. . . .. . ' . ' • , � . : • s ; _ . , _ .. . • .. �:`c:. . • . • . _. , . , � .. � �_ If you have y any questions, �please, ca11.,= - . : . : . _ . ' : . ` �..- : e � _; • '� �,: � :..-> Thank you, _ � .- �. .. � � - � ' • . - . . � - ~ / ` l-- � � � _ � ` .. � T.Carlson � , � • . • •- -� � • • - � • C.� H.Construction � � _ _-.,.,.. .. . . . :<� - . - . � _ • " - - _ ' !;�� 5 ' - • = _ .Z. _ _ . \ - �i.f � .*'. .. ' - :z.' - � - ::s-' _.F= ' :j� _ � j�,`�. ^��"� -��i: .r • - . 'i• . }.. ��.'� ':y'av:^ :.j.ei�_� :'!•i - :.a _ Y„ i:^ -�s.�� _ . ,� v � F: :c ''" _ y� . Y.:".' t'.` ,�. : �_ - �>�:: ; ,'.'' •.t • ,. s. . - - - -T.:;irc<:� -::.*; .:;K��:<,` - ' '.}.C.:: :.'Y y . . J ... �.. .�Y� '3 �+i' . . - - - - - °:'i.�" t.�'•,: . . . . - -:0..: ' *f� Y�� - . �•:i-, wKy'. . vG.: . - " -' ::,S.e,.f'��1.. . _ 1'. �:�%•;�':� yR:TENNIS COURTS.:��.;'=ARTIFICIALr7URF�COI�RTS� ��UNNING.�RAC '�L',i'�',_ =Y'r ._ _ '_.�.GTs,-,._ _ i_L._. .. ..�.s�%�'-��a"r::.�%r:"�!�.:�":--�i.,.tcS�i'.f...,�?'� � v°7.��f.-i U.s�G'�i - `+ _ , . .� ' . ' J'.�x.,Y��;"j :�` .�:jz'-'y= tx�:�2i �'ei �e:{�: ,'.t�:_ _ � _ q•�.: , � . . . . ... : � ` : P� - ` �.� �`� � . � � �' � ,' _ ':`:;.,: V��t�:.."��_� " �:_�i. �.1 � . L .. +:C' ��: 1`.i.:_ .. , - _ 'a� _ _ ' _ '+'y' - �y� _ �" S:" ' - �,<� ' " ��sf�"�� _ `:r `h ' _ .,�yt:;',F � - `f. Y'• - .,%". :•�;;;",_::. :�,:%', :�::...,_ _ r," ;�" •-r'�� ; . _ Y �K ';J„'.r ;'+ ��` :'r._ .::f: ' ' e,Y�, ; ". y_.a �:.-" ;�.. - :.4'.:.-..^:+='?4w ;`f.'% ::ti:e . t :'✓'�r`, i�:�:.'a . r_.:" � : ' +!'T:,'. . _.J� � . .'h' r� �_-". . • � .4 '- _ ' . .nY.'... � ` -. -. -.... ^ , . __ . J' . ._ „ ' , � _ � _ , ,. ... ,_. CITY OF MENDOTA HEIGHTS 1��Z0 June 2, 1995 TO: Mayor, City Couacil aad City A FROM: Shawn Sanders, Civil Engi.neer �j �' SUBJECT: 1995 5ea1 Coating Project 7ob No. 9503 DISCUSSION: Bids were opened today, Friday, June 2, 1995, for the 1995 Seal Coating Project. Only one bid was received from Struck & Irwin Paving, inc. This firm has done all of the street�slurry sealing for us the five years. The bid submitted was $44,950. The bid price includes crack sealing of Marie Avenue between Delaware Avenue and Victoria Road; and crack sealing and a seal coat on Mendota Heights Road between Delaware Avenue and Dodd Road. The budget amount for this project is $50,000. RECONIlVIENDATION: I recommend Council award the 1995 Seal Coating Project to Struck & Irwin Paving, Inc. ACTION REOUIRED: If Council desires to implement fhe above recommendation they should pass a motion awarding the 1995 Seai Coating pmject to Struck & Irwin Paving, Inc. for their bid amount of $44,950. . SS:dfw .� � ' � � -- , � CITY OF MENDOTA HEIGHTS �� '� n�IIIViO TO: Mayor, City Council and City A'�'strat FROM: 7ames E. Danie - , Public Works D' t ' * � SUBJECT: Sewers, Water, Streets Mendota Meadows Job No. 9506 _ Improvement No. 95, Project No. 2. ♦ � � Y May 26, 1995 £ DISCIJS5ION: . ' ' � � � � - ti _ � , ; Bids were opened Thursday, June 25, 1995, for the public improvements to serve the Mendota Meadows Townhome project. Four bids were received as follows: BIDDER AMOUNr - Ryan Contracting, Inc. $184,175.00 Shakopee, MN Nodland Construction Co., Inc. $187,890.00 Alexandria, MN Schurcon, Inc. $212,100.Q0 St. Paul, MN Northdale Construction Co., Inc. $218,120.74 Rogers, MN Engineer's Estimate $175,000.00 It is evident by the fewer number of bids received, it helps to bid a project earlier in - the spring. Although this bid came in approximately five (5) percent over the Engineer's Estimate, I feel that it is a good bid and that the City would not receive a hetter bid if we rejected these bids and rebid the project. The owner, Mr. John Mathern, has been made aware of the bid results and requests that the City Council award the contract. Adopted by the City Council of the City of Mendota Heights this 6th day of June, 1995. CITY COUNCIL CITY OF MENDOTA HIIGHTS . � _ By � ' ' � ' Charles E. Mertensotto, Mayor � ATTPST: . Kathleen M. Swanson, City Clerk � . ._ . ' • � . r . . e b x � �� i.. J CITY OF MENDOTA HIIGHTS :� • 7une 2, 1995 TO: Mayor, City Council and City Admini �--., FROM: Kevin Batchelder, Administrative Assis i��°�° James Danielson, Public Works Director SUBJECT: Planning Ca.se No. 95-08: La.wrence King - Conditional Use Permit for Detached Garage Variance for Rear Yard, Side Yard and Heights DISCUSSION: Mr. Lawrence King, of 5 Beebe Avenue, appeared at a public hearing to request a Conditional Use Permit for a detached garage and variances to the rear yard setback, the minimum garage size the side yard setback and the height, in order to enlarge his existing free standing garage. This application is requesting a renewal of an approved CUP and Variances that were approved in 1991, which have lapsed due to inaction (please see attached planner's report and application materials). Mr. King's proposed expansion plans for his garage have not changed since 1991, however, the City Ordinance has changed since that time. In particular, detached garages now require a ten foot (10"' side yard setback. In 1991, a five faot (5') side yard setback was required. Therefore, a side yard setback variance of two feet (2') is now required in addition to the approvals received in 1991. � Other Ordinance revisions since 1991 require a minimum sized garage of 440 square feet. The proposed footprint of the expanded garage is 418 square feet and the Planning Commission felt a 22 square foot area variance should be granted as well. � The majority of the Planning Commission felt that this proposed expansion plan was appropriate given the terrain constraints of the rear year. .. • � �� • The Planni.ng Commission voted 7-0 to close the public hearing. The Planning Commission voted 5-2 (nays: Friel, Lorberbaum) to recommend that City Council approve: 1. A twenty two square foot area variance to allow the garage size at 418 square feet (440 minimum required). 2. A two foot (2') height variance to the fifteen faot (15') height limitation for accessory structures to allow an expansion to seventeen feet (17'). 3. A two foot (2') side yard setback variance to allow garage expansion to within eight feet (8') of the property line. 4. A seventeen foot, three inch (17'3") front yard setback variance to allow garage expansion to withi.n twelve feet, nine inches (12'9") of Ashley Lane. 5. A Conditional Use Permit for a detached garage. All subject to the condition that drainage from the rainwater leaders from the garage direct their water to flow towards Beebe Avenue. • ��• �� Meet with applicant, if the City Council desires to implement the Planning Commission recommendation they should pass a motion to adopt Resolution No. 95- , A RESOLUT'ION GRANTIl�TG A CONDITIONAL USE PIIt1VIIT FOR A DETACHED GARAGE AND VARIANCES FOR 5 BEEBE AVENUE. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY,II�IINNT.SOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE AND VARIANCES FOR 5 BEEBE AVENUE WHEREAS, Lawrence and Margaret King, of 5 Beebe Avenue, have made application for a Conditional Use Permit for a Detached Garage, a:Side Yard Setback Variance of two feet (2'), a Front Yard Variance of seventeen feet, three inches (17' 3"), a Height Variance of two feet (2'), and an Area Variance of twenty two feet (22') to allow expansion of an existing, legal, non-conforming detached garage; and WHEREAS, the Mendota. Heights Planning Commission conducted a public hearing on May 23, 1995 to consider the application; and WHEREAS, based upon the public record transcribed on May 23, 1995, the Mendota Heights Planning Commission voted 5-2 to recommend to the Mendota. Heights City Council that the above described Conditional Use Permit and Variances be approved with the condition that the rain gutters on the south side of the garage direct their drain towards Beebe Avenue; and WHF.REAS, the City Council considered the King application on 7une 6, 1995. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the proposed Conditional Use Permit and Variances will have no adverse effect on the health, safety and general welfare of the citizens of the community and the surrounding land and that said expansion of detached garage is not adverse to the general purpose and intent of the Zoning Ordinance. BE IT FiJRTHIIt RESOLVID that the Conditional Use Permit for Detached Garage, a Side Yard Setback Variance of two feet (2'), a Front Yard Variance of seventeen feet, three inches (17' 3"), a Height Variance of two feet (2'), and an Area Variance of twenty two feet (22') be approved to allow e�ansion of an existing, legal, non-conforming detached garage with the condition that the rain gutters on the south side of the garage direct their drain towards Beebe Avenue, according to the plans submitted in Case File No. 95-08. Adopted by the City Council of the City of Mendota Heights this 6th day of 7une, 1995. ATTF.ST: CITY COUNCII. CITY OF MENDOTA HIIGHTS By - Kathleen M. Swanson, City Clerk Chazles E. Mertensotto, Mayor � �.'r . . . . . •, . _ , . . �:... � •. .., . ..;�.! s! . . , :�r�, :i�:. . :�; ..=E: ...,� ��— tit:� �:��: .. • . ,: � FLANNIlYG REF4RT DATE: CASE NO: APPLICANT; L4CATION; ACTT(1N REQUESTED: � PREP1?►RED BY: - PLASdNING CUNSIDERATIONS Backgraunti May 23,1995 95-08 Lawrence King S Beebee Avenue Conditional Use Permit for Garage, Variance far R�ar �ard, Side Yard, and Height C. John Uban The applicant is proposing to enlarge a small garage that was built in 1939 to 'bettear accommodate cars and add some second level storage space. The garage is on double finnted praperty with the driveway accessing Ashley Avenue. . On Octnber 1,1991, the City Cauncil appmved Resolution 91-72 granting a Canditianal Use Per�mit and a 1? foot 3 inch Rear Yard Setback Variance and a 2 faot Accessory Sfiz�ttue Height Variance to Lawrence and Mazgaret King of S Beebee Avenue. These approvals were granted to allow the Kings to e�ctend their existing 2 car garage by 3 feet and to add a second story storage azea to the garage. (Please see attached Apri127, �1995 memo to City Council and attached resolutions of �PProval along with the previous glanner's report}. At the May 1,19�5 City Cauncil meeting, the Kings requested a renewal of their Conditianal Use Perimit and variances because they had not built their garage after receiving approval from the City in 1991. {Conditionai Use Permits e�ire after 5 manths if not acted upon and variances expire within ane year if not acted upon.) The City Council instructed the Kings to return to the Planning Commission to review their Conditianai Use Pemut and Rear Yard Setback Variance and Accessory Strucbzre Height Variaace. Based an the drawings, it is apparent that they also need a Side Yard Variance based on the new 9 May 23,1995 Case 95-08 Page 2 accessory structure setback far accessory structures aver 144 square £eet City Cauncii waved ali application fees and inappropriate requirements of the ordinance so that the Kings could appear at the May Pianning Commission meeting. The Kings have submitted the exact Same Site Plans that were approved in 1991. City staffhas published for this heazing and mailed no '�es have:been sent ta a11 neighbars within 3S0 feet. _ ' . Canditional Use Permit For a through lot (a lot wlrich has double frantage), a Conditional Use Permit is required for acc:essary buildings greater than 144 square feet Because of the double frontage, the character of the neighborhood and aesthetics must be considered in the Conditional Use process. � i . t - Tb.e neighborhood is generally characterized by homes with attached garages all appropriately setba�k fi�am the strr�#s. T�is pmperty is the anly ane with a detached garage %ss thari the requireri front yard setback, Direcfly across Ashley Avenue to the narth, the existing home has an attached gazage which is Iess than ihe required side yard setback Since much af the devetopment in the neighborliood has taken place after the subject home was constructed, the perpetuation of the strucfiure and its e�cisting setback wouid not have a detri�mental affect The issue is whether increasing the height of the structure for additional storage or moving the structur� towazd Ashley Avenue by tbree feet creates a detrimentai affect. i As noted in the previous planning review, there are issues with visibility and parking in &ant of this gazage because of the closeness to Ashley Avenue. It should also be nvted that the paved�road is off.set within the right=of-way and appears to be constructed almost right on the property line. The best solution for the home owner to pursue for a lazger gardge is to canstruct a new one with #he aPpmpriate setback closer to the existing home. It �as been stated in the applicant's materials and r gast review ofthe pmje�t that they contemplate building a tunnel from the home to the gazage. T�is is a very expensive uadertakin,g and could be eliminated if the garage were moved claser ta the home, ' The existing stnzctare is 19 feei by i9 feet, or 361 square feet This may be %arge enaugh for two small vehicles, but is undersized for a common two car garage. The new ordinance cantrolling gazages has a 440 square feet minimum, which is not being met with the propased addition. The additional3 feet will add more room for the length of automabiles to be garaged and the proposed Iof� space above #he gai�ge v+nll accommoda#e the additional storage which is accessed fmm the upper portion af the yard at the opposite end af the garage. In effect, this is adding additional storage area� ta the gar�ge, which is oue of the reasons why the o�ce requires the 440 square faat minimum. Although the garage as pmposed does not meet the required square feet an #he fixst floor, the additional starage space can be viewed as compensaiing and serving the same purpose. Conditions placed on the x�constructian of this garage c�an include additianal screening for adjacent residents and the public while at the same time maint��ining the best visibility possible for cars backing aut onto Ashley Avenue. Requested Variances � May 23, i 995 �ase 95-08 Page 3 The structure does not meet the 30 foot setback required alang Ashley Avenue and the applicant is requ�sting a variance for the proposed setback of 12 feet, 9 inches. The requested variance is for 17 feet, 3 inches. Any car parked in front of the garage will e�ctend into tb.e public right-of-way. The ciaseness of the street to the edge offihe right-ctf-way aiso reduces the amount of drivew�y available for parking, Althaugh no survey data was supplied, there should be at least 25 feet between the garage and the street surface ta accommodate a vehicle without impairing through tr aff�c. This dimension needs to be verified. - The new accessory struature ordinance requires a 10 faot side yard setback for any structure over 144 square fee�. The praposed structure is setback 8 feet and wauld require a 2 foot variance. It is not possible to e�ctend the structure forward without creating a variance because of the angle of the garage and properiy Iine. Carefui screening of the structure may help mitigate this as well as cazefut attention to drainage along the properiy line, Because the garage is tucked iuto the slope, the applicaat is proposing to create adclitional space by adding an upper storage area to the garage. This creates a front s�et fs��cade that is 17 feet in height measured to the me�n height of the gable. This is 2 feet higher than the ordinance maximum af 15 feet. Ii is important to have the gabled roof to create the height for the storage area and maintain consistent arahit�x;�urai cha�acter with the home. Althaugh builcU.ng materials and colars were not nated on the plan, it was assumed they would match the existing structure. This needs to be canfirmed with the apglieant and be part of the approval conditions. Actian Conduct a public hearing and make a recommendatian to the City Council an the request for a Conditianal Use Permit for an. Accessory Struchue and the requested variances. Cansiderations 1. Measure and confirm visual sight lines and distance between garage and s6reet curb. 2, Clazify building materials and color. � 3. Review site drainage as it pertai.ns ta neighbors. .4. Landscape Plan to p7rotect neighborhood aesthetics and screening. � �ITY QF �ENDQTA HEIGKTS �ase No. �5-08 Ii NORTH SCALE: f'�240• r • � e:•,x y � •ar. s ir x ,�� . , �.. r -=-�� c� !J- 5 - `1 `� Lawrence H. King 5 Beebe Avenue Mendota Heights, Minnesota 55118 May 4, 1995 Dear Members of the Planning Commission: I am writing today to request a renewal of the Condidonal Use Permit approved as R�.solution No. 91-72 on October 1,1991, granting a 17',3" Rear Yard Setback Variana and a 2' aooessory structune height variance. The CUP and Variances were granted to allow the extension of aur e�dsting garage by 3' and to add a seoond story storage to the garage. We were unable to execute the oonswction at that time, but wish to go foiward now with the plan as previously approved. - • Margaret King, my wife, appeared before the City Council on May 2 to discaiss this matter. The council decided to redirec;t the proposal to the Planning Commission for review. There are several reasons for undertalcing this project which will oorrect hardships of our current situation. The e�dsting garage, which was built along with the houses in 1939, is only 361 sq. R Not only is the garage an inadequate space for typical garage storage (bicycles, gardening equipment, etc.), but it does not allow enough room for most full sized family vehicles. Our proposal would expand the floor area of the garage to 418 sq. R, which though adaquate for our nceds is still smaller than average. In fact, it is smaller than the minimum new constiudion requirements for a detached garage. The enlarged garage floor plan and the yard level storage above would create a more noraial guage and storage arrangement for our family. ' The unique circumstance which drives this particular solution is that the garage is set into the yard with three sides huried By building up and out we will be able to e�and the usable space to an adequate size without incurring the major expense of demolition and excavation The proposed plan will allow us reasonable use of the garage without altering the essential character of the neighborhood. � Thank yon for oonsideration of this request. � � - Lawrence H. King � 1�! 1 � • :1 : I 1 �! � Apri127 1995 To: Mayor, City Council and City Administra � From: Kevin Batchelder, Administrative Assistant Subjec� Request to Renew Conditional Use Permit Case No. 91-36: King - CUP for Accessory Stxucture and Rear Yard Setback Variance INTRODUCTION On October 1, 1991, the City Council appmved Resolution No. 91-72 granting a Conditional Use Permit, a 17', 3" Rear Yard Setback Variance aad a two foot (2') accessory strucdu�e height variance to Lawrence and l�sargaret King, of 5 Beebe Avenue. The CUP and Variances were granted to allow the King's to extend their existing 2-car garage by three feet (3') and to add second story storage to the garage. (Please see aixached Resolutioa No. 91-72.) T`he King properiy is a through lot. On a through lot, an accessory stzucture (detached garage) requires a Conditional Use Permit. T'he setback `required on a through 1ot is thirty fe�t (30') and accessory strucbures are allowed to be fifteen feet (15') in height. As approved in 1991, the Kings were gruited permission to extend their garage to be withia twelve feet, nine inches (12', 9") of the property line and to be seventeen feet (17') in heigh� . The Kings never pursued their remodeling of the garage and have recently approached the City to determiae if they may continue with their plans to remodel the garage, as approved in 1991. (Please see attached Apri125, 19951etter from Ms. Mugaret King, minutes from October 1, 1991 City Council me�ting, and staff notification letters.) ALSCUSSION This item is on your agenda to determine if the King CUP aad Variaaces are still valid and may be renewed or if a new application and public hearing is required. Section . 5.6(5) of the Zoning Ordinance states that "... Conditional Use Permits shall be void after a conditional use has ceased for a period of six months." In this case, the conditional use permit never begaa and there is some question whether this clause in the ordinance means that a person must make use of the CUP wit,hin 6 months of approval. — As regards Variances, Section 5.5(8) of the Ordinaace states that "... a variaace shall become void one year after it was granted unless made use of within the year or such longer period prescribed by the Council." Ms. King is requesting that City Couacil consider reaewing the Conditional Use Permit and Variances. Ms. King has submitted the exact same site plan as was approved in 1991. Site Plan Considerations The existing garage is 19' by 19' and is proposed to be extended three feet (3') closer to Ashley Lane. The Kings pmpose to rebuild the upper section of the garage to provide additional storage space that would be accessed from the lawn at the rear of the garage. The existing garage is 361 sq, ft.. If it is enlarged to be 22' by 19', as proposed, it would be 418 sq. ft., wluch would be smaller in size than the average two-car garage. (Please see attached plans and Planner's Report.) At the time of the public hearing, there was concern by a neighbor about the diainage from this garage area aad the appmval included a condition that City staff approve a diainage plan before the building permit would be issued. - The Variaaces that the Kings are requesting be renewed are a seventeen foot, three inch (17', 3") rear yard setback variance and a two foot (2') accessory st�udur� height variance. Accessory stiuctiu�es are allowed to be fifteen feet (15') in height and must be setback thirty feet (30') from the properiy line on a through lot. The existing garage is setback fifte�n feet, nine inches (15', 9"). Alternatives 1. � The City Couacil may consider grdnting the Kings a reaewal of the Conditional Use Permit and Variances, as approved in Resolution No. 91-72. This renewal, if Council so desires, would authorize City staff to issue a building permit for the Kings to remodel the garage, as proposed in the 1991 plans, subjec;t to the drainage plan review and approval. 2. The City Couacil could determine that a public hearing is necessary for the proposed garage remodeling and that the Conditional Use Permit and Variances have lapsed due to non-implementation. ff City Council chooses this option, the Bings would be required to submit a new Planning Application. ~ ACTION RFAUIItED Review the proposed request to renew a Conditional Use Permit and Variances. If Council so desires, they should consider approving a renewal of the Coaditional Use Permit for Accessory Sttucture, including a seventeen foot, three inch (17', 3") rear yard setback variance and a two foot (2') accessory structure height variance to allow the Kings to remodel their garage, as originally pmposed and appmved by Resolution No. 91-72. CITY OF MENDOTA HEIGHTS DAK4TA COUNTY, MINNESOTA RESOLIITION NO. 91- ?2 A RESOLIITZON GRANTING A CUP FOR ACCESSORY STRIICTIIRE AND VARSANCES FdR 5 BEEBE AVENQE ' RHEREAS, Larry and Margaret'�King, of 5 Beebe Avenue, have made application for a Conditional Use Permit for Accessory Structure, a Rear Yard Setback Variance and an Accessory Structure Height Variance ta allow expansion of an existing, legal, non--conforming accessory structure; and WHEREAS, The Mendota Heights Planning Commission conducted a public hearing an September 24, 1991 ta consider the application; WHEREAs, based upon the pubiic reaard transcribed on S`eptember 24, 1991, the Mendota Heights Plar�ning Cammission urianimously recommended to the Mendota Heights City Council that the Conditional Use Permit, a rear yard setback variance af 17' , 3 f� and an accessory structure height variance of 2' be approved with the condi�i.on that a drainage plan be prepared for appraval by City Staff; and WBEREAs, the Citiy Council cansidered the King app].ica�ion on October 1, 1991. NOA '1'HEREFORE IT IS BEREBY RESOLVED by City of Mendota Heights that the proposed and variances will have no adverse effect o� general welfare of the citizens of t surrounding land and that sai.d expansion of not adverse to the general purpose and Ordinance; the City Council of the Conditional Use Permit the health, safety .and ie community and fi..lze accessory structure is intent of t�he Zaning BE IT FURTHER RESBLVED that the Condi�ional Use Perrnit for Aacessory Structure, a rear yard setback variance of 17', 3'� and an accessory structure height variance af 2' be approved with the condition tha� a drainage plan be prepared for approval by City Staff, according the plans submitted in Case File No. 91-36. Adopted by the City Council of the Ci�.y of Mendota Heights this lst day of october, 199i. CITY CdUNCIL CITY OF MENDOTA HEIGHTS gy .�-� ��,c�'.,,� Charles E. Mertensotto, Mayor ATTEST: � K thleen M. Swanson, City Clerk 1� y Margaret R. King 5 Beebe Avenue Mendota Heights, Minnesota 55118 612 450-7479 Apri125, 1996 Dear City Council Members: This letter is a request for renewal of the Conditional Use Permit for Accessory Structure approved as Resolution No. 91-72 on Octotier 1, 1991. That CIJP allowed for a rear yard setback variance of 17',3" and an accessory sttucxure height variance of 2' to allow expansion of our garage, an elasting, legal, nczn- co�omring accessory structure. The garage, which was built in 1939, does not provide adequate space for today's larger cars, so towards that end, our plan calls for adding 3 fcet to its depth. We would also like to raise the roof in order to provide additional storage space above for our lawn mower, bicycles and other outdoor cquipmecrt. The co�ction would also solve a drainage pr�blem that c�rneatly e�asts connected with the cuirent swcture and landscaping. Our original plans for conswction in Spring of 1992 were delayed due to personal financial reason�s. That situadon has now bcen corrected and we would like to begin the improvements as soon as possible. I have included with this letter copies of the site plan and sketches for the shuctural improvemecrts as well as the correspondence and related documents regarding the original request and action of the Council. I am available to answer questions anytime or to if necessary to appear at the May 2 City Council Meeting. Thank you for your consideration of this request. Sincerely, Margaret R King a � �' ;ATHOLIC CEMETERIES ' �CASE NO. 91-29 Ayes: 4 Nays: 0 CASE NO. 91-34, CHEESEBROW Ayes: 4 Nays: 0 CASE NO. 91-36, KING Page No. 3134 October 1, 1991 Mr. John Louris, Assistant Superintendent of Resurrection Cemetery, was present to request approval of two variances for a directional sign. � He explained that fencing will be installed on the property line to close the existing main entrance to the cemetery on October 15th and that variances are requested to allow installation of a directional sign on the fence for one year � (temporary sign and setback). A second sign will be temporarily placed in the center island just inside the main entrance, to notify individuals that the main entrance will be permanentiy relocated. Councilmember Cummins moved to approve variances to allow a temporary directional sign on the property line at the Resurrection Cemetery main entrance (installed on the fence.j for one year: Councilmember Smith seconded the motion. Mr. Nick Cheesebrow was present to request approval of a 2'4" front yard setback variance to allow him to replace his existing single car garage with a two-car garage on his corner lot at 594 W. Marie Avenue. The new garage would be 27 feet, eight inches from his lot line on Callahan Plac,e, and would be accessed from Callahan. He informed Council that if the variance is approved, the driveway on Marie Avenue will be eliminated. • Councilmember Cummins moved approval of a 2�4" front yard setback variance to allow construction of a garage 27 feet, eight inches from the east property line at 594 West Marie Avenue. Councilmember Smith seconded the motion. Mr. Larry King was present to request approval of a conditional use permit for an accessory structure on a through lot, along with a 17'3" rear yard setback variance and 2� height variance, to allow expansion of an existing detached garage at 5 Beebe Avenue. Mr. King informed Council that at some fut�re time he plans to connect the house and garage by an underground tunnel/walkway. Mr. King stated that he agrees to the Planning Commission condition that he submit and receive approval of a- drainage plan by City staff prior to construction of the expansion. Page No. 3135 October 1, 1991 Councilmember Smith moved'adoption of Resolution No. 91-72, "A RESOLUTION GRANTING A CUP FOR ACCESSORY STRUCTURE AND VARIANCES AT 5 BEEBE AVENUE,'� subject to submission and approval of a drainage plan prior to construction. , Councilmember Koch seconded the motion. Ayes: 4 � _ _ � . _Nays: 0 _ � CASE NO. 91-37, Mr. Larry Keithahn was present to request approval I�ITHAHN bf a 2'6" rear yard setback variance to allow construction of a family room/basement addition at 697 Decorah Lane. Councilmember Cummins moved approval of a 2'6" rear yard setback variance at 697 Decorah Larie to allow construction of a family room/basement addition 27 feet, four inches from the rear propQrty line. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 IVY FALLS CREEK Council acknowledged and discussed a feasibility IMPROVEMENTS, PHASE I report on proposed Ivy Falls Creek storm water ' improvements (phase one) to serve 1205 Sylvandale Avenue and adjacent areas. Public Works Director Danielson informed Council that he has sent letters to adjacent property owners and has scheduled a -� meeting on Wednesday evening, October 2nd to update= contiguous property owners on the entire creek . project. . Mr. Jack Brassard, 1205 Sylvandale, stated that he has reviewed the feasibility report and supports� the improvement proposed. - Public Works Director Danielson stated that Mr. Brassard has submitted a petition and waiver of hearing for the project. He further stated that a feasibility report for the second'phase of the project will be completed this winter, and a public hearing will be conducted at that time. Distribution of the costs for Phase I which are not attributable to improvements serving Mr. Brassard's property will be discussed at the Phase II hearing. Councilmember Koch moved adoption of Resolution No. 91-73, "RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STORM SEWER IMPROVEMENTS TO SERVE 1205 SYLVANDALE ROAD = AND ADJACENT AREAS (IMPROVEMENT NO. 91, PROJECT NO. 6A) . " �yes: 4 Councilmember Smith seconded the motion. Nays: 0 � �ity �►� ,,,►..� 1 � .��+�nd�►�a ��i�,h�s m October 2, 1992 Mr. Larry King 5. Beebe Avenue Mendota Heights, MN 55128 Dear Mr. King, I am writing to formally notify you that the City Council, a� their October 1, 1991 mee�ing, approved your reguested Conditional Use Permi�G for Accessory Structure, a Rear Yard Setback Variance of 17 feet,..3 inches, and a 2 faot Height Variance for 'tbi� detaahed garage. ' The approved CUP for Accessc�ry Strua�ure allows yau �a proceed wa.th your building plans, as proposed in Planning Case File No. 91-36. The appraved setback variance a�.lows the garage to be e�ended to within 12 fee�, 9 inches af the property line, as praposed, and the height variance allows you to build the structure at 1? feet, as proposed in your plans. . � The City Gouncil did p2ace ane condition on the approval of the CUP for Acces�ory Structure. This candition states: • A�drainage plan is �o be prepared far appraval by City Staff prior to the issuance of a building'permit. � I have enclosed a copy of Resolution No. 91--?2 that documents the approval af your CIIP far Aecessory St�ruc�ure.� Shauld you desire.a certified copy, please let me know and it will be produced.• Your next step shauld be to contact the Cade Enforcement Office to process your building permit and ta submit the drainage plan to the City Engineer for approval. � Sincerely, 1�;�,;,, ��,��,�.��.�... Kevin Batchelder Administrative Assistant cc: Klaytan Eckles, Civil Engin�er Paul Berg, Code Enforcement Officer Dick Gill., Code Enfarcement Officer i1Q1 Victoria Curve •1Vie�dota Heights,lViN • 55118 452•1$50 � +� ity �,� . ,,,�.,� ,,,� ,��.e�.dotas g�ie%�,h�s October. 15., 1991 Peggy Ring 5 Beebe Avenue Mendota Heights, NIl�T 55118 Dear Ms. King: I have enclosed i;he perti.nent sections of the Zoning Ordinance regarding your recently approved Conditional IIse Permit._ Your aoncern was regarding the length of time yaur approval is goad far if yau wait until Spring or Summer of 1992 to begin construc�ion. As t+�e discussed, if you submit a l�tter as per Section 5.6(?}, your Conditianal IIse�Perxait will take effec�. It is my •• interpretation that Section 5.6(5� is applicable to land uses which are conditional and then have ceased. In your case, City Counc3.l approved a CUP for an Accessory Structure and this� approval will no� change if you desire ta wait until I992 �o build, . . Upon receipt af your written acceptance, I will be happy to • . provide�my interpretation in writing and to natify the Code Enforcement 4fficers who will handle your building permits.• sincerely, � � � • . ��'{J'Z'`'r`1 i��'�i��/�"'`Qw.-�- � . : .. ,. Kevin Batchelder . , Administrative Assistant KLB:mlk Enclosure 0 11Q1 Vietoria Curve •�i.endota Heig,hts; N�.N - 55118 452• 185Q 5.6(4� • PlanninQ Commission Notice and HearinQ on Application - .' for Conditional •IIse• Permit. . �h�.l'lannirig Commission - • • • • shall hold • -a "public .hearing on •si�ch . .request for , a � � conditional use p�rmit affo'rding �an oppoi�tunity' for all •��' parties"interested to be heard. The City Clerk shall .�"' give not less than ten (10) days, nor more than thirty (30)-days notice of the time and place of such hearing . published in the designated legal newspaper for the • ' _ City, and such notice shall contain a description of the property for which such conditionai use permit is proposed and the proposed conditional use. At least ten • (10) days before the hearing, an identical notice shall be mailed to the owner or owners of the property in question and to each of the property owners�within three hundred and fifty (350) feet of the outside boundaries of the property for which said conditional use penait is requested. Failure to mail such notice or failure of the property owners to receive said notice srhall not invalidate �the proceedings. Within sixty (60) days after the date of reference by the Council, the Planning C+�mmission shall make a written report to the Council stating its findi.ngs and recommendations. 5.6(5) •�ssuance. In considering an .application for: a • conditional use permit under this Ordinance, the Council shall consider the advice and recommendations of the , Planning Commission and the effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands, existing and anticipated traffic =' conditions including parking facilities on adjacent � streets, and the effect of the proposed use on the Comprehensive Plan. If the Council shall determine that ' the proposed use will not be defiximental to the health, safety or general welfare of the community, nor will � cause searious traffic congestion nor �aza'rds, nor will seriously depreciate surrounding property value, and that the same is in harmony with the general purpose and � intent of this Ordinance and the Cvmprehensive Plan, the ' Council may grant such conditional 'use perm�.t i.mposing conditions and safeguards therein. A time limit may be . imposed on the conditional �use and in any case the conditicnal use permit shall be void�after a conditional • use has•ceased for a period of�six (6) months. 5.6(5)a The City Council may, by an affirmative vote of the � majority of all members thereof, approve a conditional use permit. � 5.6(5)b� The City Council may, by an affirmative vote of four- fifths (4/5j of all members thereof, approve a =� conditional use permit for Planned IInit Development. ' (401) 42 _ - � � � 5�.6 6 Effect of Denial:� C uses ma be den'� , ( ). onditional . y �ed by • • :-`" :r�solution .�if the City eouncil and such• resolution' shall � ' • constitute a fi:ncling ancl ., determinatioh ' that,' tiie conditions. required for�approval do not exist. No application for a conditibnal use which has been denied � _ wholly or in part shall be resubmitted for a•period of six (6) months from the date of said order of denial, except on grounds of new evidence or proof of change of � conditions found to be vali:d by the Planning Commission. 5.6(7) Acceptance of Conditional IIse Permit. A conditional use permit shall take effect and be in force only upon filing with the Zoning Administrator of a written acceptance thereof by the applicant within thirty (30} days after approval by the City Council. 5.6(8) Revocation. A violation of any.condition set forth in a conditional use permit shall be a violation- of this Ordinance and automatically terminate the conditional use permit. 5 . 7 REZOIIING 5.7(1) The City Council may, by an affirmative vote of four- fifths (4/5j of all members thereof, approve the rezoning of property. 5.7(2j Initiation of RezoninQ. Proceedings for rezoning shall be initiated by: (1) a petition of the owner�or owners of the actual property, the zoning of which is proposed to be•changed; (2) a recommendation of the Planning Commission; or (3) by action of the City Council. 5.7(3) �npiication. All applications for rezoning which are initiated by the petitions bf the owners of the property shall be filed in the office of the City Clerlc no later than twenty-one (21j days preceding the next�regularly scheduled Planning Commission meeting, and shall be accompanied by twenty (20) copies�of a set of•plans and graphics containing the following information and folded, where necessary, to the size of eight and one- half by eleven (8 1/2 x il) inches. 5.7(3)a Site Development Plan, which shall include: 1. Location of all buildings on the property in question including both existing and proposed structures . 2. Location of all adjacent buildings located within three hundred fifty (350) feet of the = exterior boundaries of the property in questions. 3. Floor area ratio. 4. Location and number of existing and proposed parking spaces. (401) 43 � � �„.„ •, .:� CO\SULTIt`G YLAti�f:RS L A� DS��,� r r: :� kc� � rrr•.t�,-� .iUtl FIRtiT A�'L•\UE :�t•?I:I'll - SUITL• ?Itl �11\\EAPc)LIS. �1� ' •.:ni r.l� .•.�.:;titt PI,ANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 24 September 1991 91-36 Lawrence H. King 5 Beebe Avenue CUP and Variance A 1. The subject property is owned by Mr. and Mrs. King. The King's propose to expand their existing garage 3 feet further towards the property line along Ashley Lane. They also propose to rebuild the upper part of the garage to provide additional storage space and to attach the garage to the house by constructing a below grade tunnel between them. In addition, they intend to do other grading in their rear yard and construct a deck off the back of the house. . 2. The subject property is a through-lot and as such the construction, or alteration of, an accessory structure, requires a Conditional Use Permit (see Section 4.5(5)). The purpose of this section of the ordinance is•to ensure that such structures are carefully sited and do not have a negative impact on the adjacent properties. 3. The criteria for granting a CUP includes the requirement that the proposed use for which the permit is to be issued is not detrimental to the health, safety and welfare of the general community and that the use does not create any traffic hazards (Section 5.6(5)). The existing garage is located approximately 15 feet 9 inches from the property line along Ashley Avenue and roughly 24 feet from the edge of the street. Lawrence Ring, Case No. 91-36 Page 2 4. We are concerned that extending the garage 3 feet closer to the property line could create a minor traffic safety _ hazard. The street in front of the propos_ed garage is narrow, slightly uphill and curvirig. In addition, the shallow driveway in front of the garage is bordered on both sides by vegetation and on the west side by a sloped area. These factors combine to make visibility poor for cars coming in and out of the property. This problem would be exaggerated by shortening the driveway. Also, vehicles parked in the driveway would extend nearly to the edge of the pavement for Ashley Lane. One factor that reduces the concern for traffic safety is that Ashley Lane is a very lightly traveled road. 5. The subject property is a througii-lot. As such, the 30-foot front yard setback applies to both the front and rear of the property. Legally both yards are front yards. As a result, the existing garage is a non-conforming structure and any expansion of the structure closer to the property line requires a variance. Since the existing garage was most likely constructed before the zoning ordinance was adopted, it is likely that no variance had been granted previously. Therefore, the applicant would need a variance of 17 feet 3 inches in order to establish legal status for tiie structure. 6. The Mendota Heights Zoning Ordinance requires that there be a hardship or practical difficulty in order to justify the granting of a variance. In the Cheesebrow case (91-34), which is also being reviewed this evening, the Commission is asked to decide whether the limitation to one garage stall constitutes the� denial of right to reasonable use of the property. In this case, the King's already have a�wo-stall garage, bi�t are requesting a variance for additional storage space. The dimensions of � the existing garage (19 feet by 19 feet) are smaller than the typical 2-stall garages. Here the Commission must decide whether depriving the additional storage space constitutes denial of reasonable use. 7. Another test for hardship is to determine whether there are other reasonable and prudent alternatives. One alternative would be to construct a storage shed on the property separate from the garage. Another, more costly alternative that could be considered would be to extend the garage 3 feet in the direction of the house instead of toward the street. We realize that this would require significant additional excavation and reconstruction of the rear wall of the garage. However, the Kings are Lawrence Rinq, Case No. 91-36 Paqe 3 already intending to excavate a tunnel 3 feet wide by 50 feet long through tfieir back yard. They have also stated that they will be doing additional grading and leveling in their back yard. Depending on its hei�ht, the excavation for the:tunnel could be in the area of 1,000 cubic feet of material. The excavation for the 3-foot garage extension would only add roughly 200 cubic feet.to the project. In fact, moving the garage wall closer to the house would reduce the length of the tunnel and further minimize the difference. As for reconstructing the rear wall of the garage, once again this wall was going to be significantly altered by the introduction of the tunnel anyway. Clearly this option would add to the cost of the project for King's. However, in light of the magnitude of the requested variance, the potential traffic conflicts and .the fact that the project already includes substantial excavation, we believe it is an option worth considering. 8. The visibility of the garage from the adjacent properties and roadways would continue to be limited by the existing landscaping, assuming it is not removed during construction. Since the applicant has included no details � regarding the exterior finishings for the structure, it is difficult to comment on the appearance of the structure other than to say .the proportions of the wall facing Ashley Lane are somewhat massive. 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''r -9 v � � � s � � a SUBJECT � , �° N4RTN � A Y E• e °� �� v 4 G � � ' � Z ' � Z hx 0� as w O v � s_ � - ._. ,/o Mi U "a 1 Q o o, � CITY OF MENDOTA HEIGHTS NOTICE OF HEARING May 3, 1995 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:45 o'clock P.M., or as soon as possible thereafter, on Tuesday, May 23, 1995, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Mr. Lawrence King to renew a Conditional Use Permit for Accessory Structure on a Through Lot, a Rear Yard Setback Variance and an Accessory Structure Height Variance at the following described property: - Lot 2, Block 3, Somerset View, Dakota County, Minnesota More particularly, this property is located at 5 Beebe Avenue. This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to the request to renew a Conditional Use Permit for Accessory Structure on a Through Lot, a Rear Yard Setback Variance and an Accessory Structure Variance will be heard at this meeting. Kathleen M. Swanson City Clerk Auxiliary aids for disabled persons are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights wi,ll make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administrator at 452- 1850. ' s, CITY OF MPNDOTA HEIGHTS �:� • 7une 2, 1995 TO: Mayor, City Council and City Admi.nis �� FROM: Kevin Batchelder, Administrative Assis James Danielson, Public Works D' to SUBJECT: Planning Case No. 95-03: Heaver: 5 bdivision DISCUSSION: Following Planning Commission review, Mr. Keith Heaver, Mr. Paul McGinley, surveyor and Mr. 7eff Shopek, civil engineer, appeared at the May 2, 1995 City Council meeting and presented a subdivision proposal of the Logan/Hughes property known as Ivy Falls South (please see attached Apri127, 1995 staff inemo for review of the public hearing). At the May 2, 1995 meeting, City Council continued the consideration of this subdivision proposal to pmvide the developer �time to prepare additional information. There were seven specific issues for which City Council requested information including park dedication, traffic patterns and street layouts, grading and �fill analysis, retaining walls, soil analysis, home alignments and front yard setbacks. Joha Uban was instructed to address the home alignment question (please see attached May 6, 19951etter to Mr. Keith Heaver for details of the seven specific issues). PARK DEDICATION: The developer was asked to consider a land dedication for open space�purposes and to provide City Council with a position statement on this park dedication issue. Mr. Heaver has submitted a letter from his attorney, Mr. Todd Rapp rejecting the suggested laad dedication (please see attached May 31, 19951etter from Mr. Todd Rapp). Also attached are copies of Section 6, Subdivsion Ordinaace and Resolution 91-94 on Park Dedication formulas. STREET PATTERNS AND TRAFFIC IlVIPACT: Mr. Heaver was asked to provide an analysis of possible street layouts, traffic impact _ and traffic patterns that were considered. A traffic analysis has been prepared by Benshoof and Associates, Inc. and is attached. The conclusions of this traff c analysis that has been submitted is that the proposed development, as a cul-de-sac, will not cause adverse impacts on nearby homes. The proposed cul-de-sac plan was judged to have less effect on the neighborhood than if Knollwood Lane were a through street, accordi.ng to the submitted traffic analysis (please see attached). GRADING AND FII,L ANALYSIS: Mr. Hea.ver was asked to analyze the amount cutting and filling that will be necessary to grade the property. As of Friday, this information has not been submitted. In telephone conversations with Mr. Heaver, the grading plan was adjusted to accomplish a balance of cut and fill on the site by lowering the street three feet (3'). Written confirmation will be available 1�esday evening. RETAINING WALIS: The City Council requested information about the engineering, design, construction and materials for the proposed retaining walls. Council also desired to kaow how all the pmperty owners would be notified about respousibility to maintain the proposed retaining walls. A statement has been prepared stating that the retaining walls on any pmposed lots other than Ms. Billie Logan's have been removed from the plan. In addition, an article on retaining wall construction titled "A Dry Stone Retaining Wall" has been submitted (please see attached). SOII. BORINGS: Mr. Heaver was asked to address subsurface water and provide a soil analysis. Americaa Engineering Testing, Inc. has submitted a regort that concluded they would not expect a major migration of subsurface water off the site. Nine soil borings were made on the site (please see attached report). HOME ALIGNMENT: The City Council requested a report from Joha Uban about whether it is better to offset the proposed homes from the neighboring houses in Cherry Hills or whether it is better to place these homes in back to back alignment. Mr. Uban's report states that viewing a single family home from another is not a detrimental condition and that private landscaping by home owners is prudent. Either condition, offset or aligned, is common throughout single family neighborhoods (please see attached report). FRONT YARD SETBACKS: Council requested a statement from Mr. Heaver regardi.ng front yazd setbacks and home placement along Knollwood Lane. A written statement from Mr. Heaver has been submitted and it states they intend to conform to the ordinance requirements (please see _ attached statement). City Council should review the additional information and revised plans with Mr. Heaver and his representatives. Revised plans dated May 31, 1995 are included with your packet. RECOIVIlVIENDATION: The Parks and Recreation Commission voted 7-0 to recommend that the developer provide a trail easement linking the cul-de-sac to Clement Street and pay for construction of a City standard 8' wide bituminous bike trail, as the required park dedication. The Planning Commission voted 6-0 to close the public hearing. The Planning Commission then voted 5-1 (nay: Duggan) to recommend that the City Council appmve the preliminary plat aad lot width variances of 4.9 feet for Lot 9 Block 1 and 4.36 feet for Lot 10, Block 1. The Planning Commission's recommendation included a proposed finding of hardship for the lot width variances based on the City's requirement for a bike hail. easement. Subsequent to their recommendation for approval of the preliminary plan, the Planning Commission made the following list of suggestions for consideration by the City Council. 1. That an earthwork grading balance be required and that this balance also include the earthwork related to home construction. 2. That Best Management Practices (BMPs) be followed for erosion control during constxuction. 3. That considerations be made for selecting a construction traffic entrance. 4. That all appropriate utility, engineering and trail easements be required. 5. That additional screening be added for those lots in Cherry Hill that abut Ivy Lane. 6. That Lot 10, Block 1, be designed so as to not be impacted by car lights on Second Avenue. 7. That pxeservation of the boxelders along the south property line be considered, to that extent possible. - � . . • �� :�� Council should review the materials submitted by Mr. Heaver addressing the seven areas of concern and whether they have been satisfied. If the City Council desires to implement the Parks and Planning Commission recommendations, they should pass a motion to approve the Preliminary Plat for Ivy Falls South, based on revised plans dated Ma.y 31, 1995 and direct staff to prepare appropriate Resolution of approval and Developers Agreement. Attachments CITY OF MENDOTA HEIGHTS MEMO TO: Mayor; City Council and City April 27, 1995 Administ a FROM: James E. Danielson, Public Works Direct Revin Batchelder, Administrative Assist SUBJECT: Case No. 95-03: Heaver: Subdivision and Variance DISCIISSION Mr. Keith Heaver, Mr. Paul McGinley, surveyor and Mr. Jeff Shopek, civil engineer, appeared at a public hearing conducted by the Planning Commission at their April meeting to preaent their details for a 19 lot single family subdivision (see attached Planner's Report and application materials). There were approxima.tely 45 neighbors in attendance at the hearing. The developer was aware of many of the concerns and addressed many of them up front. This includes the use of entrance monuments, tree removal, street circulation, grading and drainage, slope, retaining walls, construction traffic and erosion control (please see minutes) . Following the developer's presentation, the neighborhood articulated the following concerns during the public hearing: lot size and density, developer participation in an upcoming storm sewer project 'in Cherry Hills,. erosion protection during construction, dama.ge to existing streets as a result of construction traffic, construction access to project, speed of construction tr�ffic and that housing styles be designed to be compatible with existing neighborhoods. . Lot Sizes All the proposed lots exceed the minimum requirementa for lot size as � 1, fronting will require recommending on the Parks a trail eas There lots. er the R-1 District requirement. Lota 9 and 10, Block �n Clement Street, are shown at 95 feet in width and variances for lot width. The Planning Commission is a finding of hardship to support these variances based and Recreation Commission's recommendation to include ;ment connecting the cul-de-sac to Clement Street. were many requests from the neighbors to reduce the number of 1 Entrance Mon.uments Based on neighborhood opposition, the developer has agreed to remove the entrance monuments from the plan. Tree Removal The developer has �tated that he will reva.se �he grading plan to save a 16 inch ash �ree near the Lagan proper�y and a 12 inch birch on Lot I9, Zn addition, the developer stated the grading would no� a�fec� the pine trees shown on the Tuohy proper�.y line, �hat grading wauld be �ome distance from the drip line of thesa pine trees. Under the revised p1an, the developer'� proposal is to remove 17 percent o� the significant trees on the site. Under the draft tree preservation ordinance, replacement of trees is not required until �ree removal reachea 30 percent. The developer's plan shows a 2 1/2 diameter tree to be planted in the front yard of each new lo� on the cul-de-sac. Street Circu],ation The proposed plan includes a stree� connec�ion to Gherry Hills via �vy Lane and the extension of Knollwood Lane as a cul-de-sac, Three lo�s will he served from Clement Street and 16 lots will use the new roadway system. While it is dif�icult ta predict which home� wi31 use Cherry Hills` raads and which homes will use Rnollwoad Lane, it is known that a�.ypical single family home generate� between 7 and 20 trips per day. All streets are proposed �o be Ci�.y standard streets. . Gradang and Drainacte There are exis�ing steep slopes on the site that� need to be cut to provide flat� areas for hausing pads and street�. The developer ha� designed �he grading to balance the soi3.s sa that no dirt needs to be removed or trucked in, The developer'� proposal shows that the majority af the s�orm water from the sa.te will be captured by the new starm sewer system which will be cons�ructed in Rnol.lwood Lane. The.goal af the drainage plan is to minimize the amoun� of area and water volumes �hat drain toward Cherry Hi1Is. Swales have been proposed which will channel the backyard drainage toward Ivy Lane ta direct wa�er away from the exis�Ging homes in Cherr� Hills. The developer cl.aims that be capturing the majarity of the water in the s�orm sewer in Knoilwood Lane, �hat �here will be a net reduction af �torm water that drains toward Cherry Hills. Slo�es aza.d Retaining Wa11s Because of the existing steep slopes within the project, retaining walis are proposed to be used insi.de the Logan property. � r These walls are to be of boulder type design and are being engineered with tie backs and drainage to provide for a long life and stability. These walls are to be constructed totally on the Logan property and Lots 6 and 7, not on the lot lines , in order to ma.ke it clear as to who is responsible for maintenance. Construction Traffic There was an issue of damage to the existing roadways caused by construction traffic and the speed of construction traffic through the neighborhoods raised at the public hearing. The streets in Cherry Hills are already in poor condition. Neighbors asked that steps be taken by the City to provide for repair of the streets at the developer's expense. Erosion Control The neighborhood was concerned that there might be eroaion problems during construction. Staff suggests that the erosion measures be kept in place until new turf is established. RECONIl►�NDATION The Parks and Recreation Commission voted 7-0 to recommend that the developer provide a trail easement linking the cul-de-sac to Clement Street and pay for construction of a City standard 8' wide bituminous bike trail, as the required park dedication. The Planning Commission voted 6-0 to close the public hearing. The Planning Commission then voted 5-1 (Duggan nay) to recommend that the City Council approve the preliminary plat and lot width variances of 4.9 feet for Lot 9, Block 1 and 4.36 feet for Lot 10, Block 1. The Planning Commission's recommendation included a proposed finding of hardship for the lot width variances based on the City's requirement for a bike trail easement. Subsequent to their recommendation for approval of the preliminary plan, the Planning Commission made the following list of suggestions for consideration by the City Council. 1. That an earthwork grading balance be required and that this balance also i:nclude the earthwork related to home construction. 2. That Best Ma.nagement Practices (BMPs) be followed for erosion control during construction. 3. That considerations be made for selecting a construction traffic entrance. 4. That all appropriate utility, engineering and trail easements be required. 5. That additional screening be added for those lots in Cherry Hill that abut Ivy Lane. - 6. That Lot 10, Block 1, be designed so as to not be impacted by car lights on Second Avenue. a- � 7. That preservation of the boxelders along the south property line be considered, to that extent possible. ACTION REOIIIRED Meet with the applicant. If the City Council desires to implement the Planning Commission recommendation, they should pass a motion to-approve the Preliminary Plat for Ivy Falls South and Lot Width Variances of 4.9 feet for Lot 9, Block 1 and 4.36 feet for Lot 10, Block 1. - JFD/KLB:kkb C ity o� .�.. ,� - 1Viendota Heights May 6, 1995 Mr. Keith Heaver, President _ Heaver Desiga and Constcuction, Iac. 875 Mendakota. Court Mendota Heights, MN 55120 Dear Mr. Heaver: I am writing to formally norify you that the City Council, at their May 2, 1995 meeting, continued the consideration of your request for Subdivision of Ivy Falls South in order to pmvide you time to prepare additional information that was requested by City Council. The City Council requested this information in order to properly review your Subdivision request. The City Council requested the following written information be prepared for submission: 1. A position statement regarding the park dedication requirement. The suggestion was made that a land dedication amounting to ten percent (10°b) of the proposed subdivision's gross acres be made for open space purposes. The Council discussed the possible relationship between park land dedications and the number of lots in the proposed subdivision. Your statement should address this. "--� 2. A position statement discussing the reasons that the proposed street pattern was chosen over other possible street layouts. This statement should include traffic impact and patterns of the various street.la.yout alternatives that were considered. 3. The grading plaa should be analyzed for determination of the amount of cutting and filling that will be ne�essary to grade the pmperty, as proposed. A Conditional Use Pernut for Land Reclamation/Mining is required if more than 400 cubic yards of fill are bmught to, or removed from the site. The grading analysis should demonstrate the amounts of cut aad fill, and whether the soils on the site are balanced on the site. 4. As regards the pmposed retaining walls, the Couacil desired to l�ow how all property owners, present and future, would be notified about the responsibility to maintain the pmposed retai.ning walls that are shown on the site plan. In addition, detailed drawings of the engineering, design; construction and materials of the walls was requested. 5. An analysis of the soil borings needs to be prepared in order to determine if any subsurface water problems might result from the grading of the property, as proposed. Of particular concern was the possibility of the migration of water via 1101 Victoria Curve • 1Viendota Heights, 1ViN • v5118 452 • 1850 � Mr. Keith Heaver Ma.y 6, 1995 Page two subsurface gravel veins. 6. A statement from Joha Uban regarding the question of whether, for desiga putposes, it is better to offset the pr�posed homes from tb:e neighboning houses in Cherry Hills or whether it is better to place these homes in back to back aligaments. 7. A statement from yourself regarding the front yu�d setback distances that would be used for home placement along Knollwood Laae, as it is proposed to be extended. This sl�ment should also address the existing front yand setbacks for the two homes on Rnollwood Lane that abut the pmposed Ivy Falls South aad whether the existing setbacks of these homes creates a front yard setback variance sifuation. When this information has been prepa.red and pmsented to City staff, you may be placed on the schedule for the Council meeting folloaring submission of the pm�per materiaLs. Please note that the City Couacil agendas are prepared and delivered on the Friday prior to the regularly scheduled Council meetings (lst and 3rd 1�esday evening of each month). Ia order to be placed on the agenda for the City Couacil it will be aecessary for thi.s information to be provided to City staff no later tban. 4:30 p.m. on the Wednesday preced.ing the Council meeting. Thank you for your attention to these det�ils. Should you have any further questions regarding the City Council's request for additional information, please contact me at 452-1850. • Sincerely, �/1�1�,-� � .-., Kevin Batchelder Administrative Assistant cc: Tom Lawell, City Admiaistrator 7ohn Uban, City Planning Consultant ��%�� f DESIGN/CONSTRUCTION, INC. May 31, 1995 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: Subdivision of Ivy Falls South Dear City Council Members: Pursuant to your written request of May 6th, we are enclosing additianal information regarding the proposed plans for the above referenced subdivisian so that the City Councel may properly review our Subdivisian request. Heaver Design and Construction has put farth a substantial effort ta further investigate and consider these issues and trust you will find that we have made some changes in the proposed subdivisian plans in an e�fort to accotnmodate the concerns of the City as well as those of the neighbars. Please feel free to con�act me should you have any questians regarding the attached informat3on. SincerelY, HEAVER DESIGN & CONSTRUCTI4N, INC. � � eith W. He ver President . Enc: We design to your needs. Build to perfection. 875 Mendakota Court, Mendota Heights, Minnesota 55120, (612) 687-0882 S. TODD RAPP ADMITTED TO PRACTICE IN MINNESOTA ANO WISCONSIN CERTIFIED AS REAL PROPERTY LAW AND CIVIL TRIAL SPECIALIST BY MINNESOTA STATE BAR ASSOCIATION LAW OFFICES OF S. TODD RAPP A PROFESSIONAL ASSOCIATION 1035 INTERNATIONAL PLAZA - 7900 INTERNATIONAL ORIVE BLOOMINGTON, MINNESOTA 55425 TELEPHONE (612) 854-5602 FACSIMILE (612) 854-5609 May 31, 1995 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: Ivy Falls South Dear Sir or Madam: TIMOTHY A. NETZELL OFCOUNSEL ADMITTED TO PRACTICE IN MiNNESOTA AND ARIZONA Keith Heaver, President of Heaver Design/Construction, Inc. has forwarded to my attention a letter dated May 6, 1995 from Kevin Batchelder specifically requesting from this developer seven separate items of written information. I have the understanding that responses to items two through seven will be separately provided by Mr. Heaver and his consultants. Mr. Heaver has requested that I forward the company's response to informational request number one. In preparing such a response, I have reviewed much of the preliminary information and documentation prepared for Heaver Design/Construction relating to the proposed Ivy Falls South subdivision and have further reviewed applicable City codes and ordinances, prior project reports, and meeting minutes relating to this proposed development. . Mr. Heaver advises me that the alternative park dedication requirement which has been "suggested" is to impose a park dedication equal to 10� of the proposed subdivision's gross acreage, or approximately one acre. This "dedication" �ould not be retained for any municipal park purpose, however. Instead, Mr. Heaver's company would be afforded the opportunity to apportion this "open space" among the remaining 16 lots of a revised residential subdivision. The net result of this would have little, if anything, to do with legitimate park dedication objectives; the only practical effect would be to reduce the number of lots contained within this proposed subdivision by two lots. The submitted preliminary plat for Ivy Falls South has been prepared in conformity with the recommendation of the Parks and Recreation Commission to incorporate a trail easement connecting the proposed cul de sac on Knollwood Lane to existing Clement Street. It is significant to the developer that the Parks and Recreation Commission made no further recommendation that any � ' LAW OFFICES OF S. TODD RAPP City of Mendota Heights May 31, 1995 Page 2 additional land dedication amounting to 10� of the gross area of the proposed subdivision be made for any purposes of "open space". Indeed, the Parks and Recreation Commission's recommendation was that by Heaver Design/Construction, Inc.'s providing the trail easement, and constructing a walking path at considerable expense, its park dedication obligation would be satisfied in full. Heaver Design/Construction, Inc. and its consultants have never been made aware of any plan by the Mendota Iieights Parks Department, or any element of Mendota Heights Parks and Recreation plan, which contemplates the creation of any public park facility upon any portion of the land contemplated for inclusion within this project. As a consequence, all of the planning which has to date gone into this project has contemplated, consistent with the review and recommendation of the Parks and Recreation Commission, no additional dedications. It is extremely significant that your own ordinance makes note of the fact that any determination by the City Council that actual dedications of land for park purposes be "need based" and in conformity "with approved City plans." It would appear, therefore, that since your Parks and Recreation Commission has not identified any such need, and the programming of any park within the Ivy Falls South property is not contained'with any City plans, there is would be no justifiable basis for any additional land dedication even if such land was proposed to be used for park purposes. Given the notion that the park dedication requirement would be employed in this instance primarily to reduce the number of lots created, and to increase the size of those developed, it is doubtful that this objective is consistent with the statutory grant of authority contained in Minn. Stat. §462.358(2b). From the additional information which is being submitted in response to Mr. Batchelder's May 6, 1995 letter, the City of Mendota Heights will no doubt see and appreciate that the proposed subdivision currently conforms in all particulars with applicable ordinance requirements. As to lot sizes, configurations, set backs, etc., ordinance criteria are precisely met, and the development meets or exceeds every minimum standard where such a standard is specified. To the company's knowledge, the City of Mendota Heights has never enforced any similar "open space" requirement such as the one which has been suggested. Presumably this is because existing ordinances are themselves intended to - provide appropriate open space upon developable lots. LAW OFFICES OF S. TClDD RAPP City of Mendota Heights May 31, 1995 Page 3 Therefore, Heaver DesignjConstructian, Inc. would urge the City Gouncil to review and cansider this proposed subdivision based upan i.ts objective and considerable merit as measured by its compliance with all ordinance requirements, and nat give seriaus consideration to any proposal to impase additional or alternative "open space" requirements which were never the subject of any consideration or recommendation from your Parks and Recreation Commission, and which have never been addressed or included in any prior munic5.pal planning effort. To do so would impase an arbi�.rary condi.tian upon this development and wauld not reflect rational urban planning. I know that Heaver Design/Constructi.on, Inc. looks forward to enjoying continued munic.ipal cooperation in bringing this well planned and bene£icial project through to its �ina1 conclusion. . � � �u/�:" .""� ..� � � • � • . i � STRjtkg � � � � � ,� SEGTION 6_ PARKS, OPFN SPACE AND PUBLIC USE 6.1 Pursuan� to Minnesota Sta�utes 197]., Section 462«358, Subdi.visi.on 2, as amended in Chaptez 176'Minnesota Laws 1973, the City Gounci2 oE the City Council of �he CS.ty of Mendata Heights sha2l.require aIl develoeprs requestS.ng platting ar replatti.ng of land in the City of Mendah�a Heights to contribu�e ten��{10� geraent of Einal plat gross area to be dediaated to the publia for the3.r use as either parks, playgrounds, public open space, trai3. systems, water ponding ar to contribute an equivaient amaunt of cash, based upon the canditions outlined ]�elow. The farm af, cont�aribution (cash or land, or any combination oEj sha�Z be decided by the City Council based upon need and conEormance with approved City plans. 6.2 A�I lIlOilx.@S .COI.�.@C'�EC� ErOIIi CaSI2 Cdri�"1��7.OAS shall he placed in a special fund from whS.ah only those publ.3,c uses, as listed i.n 6.1 above may be constructed or iiapraved, or Zand €ar thase saiae uses � may be acqctired. 6.3 IIpon peti.tion by fihe deve].oper, the Cauncii m�y�apprave a de3ay in the actuai dedication of �he cash required in lieu oE ]and until. such time as development occurs an the proper�y be3.ng p:latted pravided that a proper.legal agreement is e�cecnted guaranteeS.ng such dedication. Delayed dedi�ation�payment shal]. inclucie annual interest accrued on the unpaa.d balance at an interest rate to be established fraa time ta ti�me by xesolution of �he Ci.ty Council. 6.4 Where a propased park, playground or other recreational, areas, propased schaal site ar othex ,pu'b�la.a ground that has been indicated ia the of�icia7. 'map and/or ma,ster plan is lacated in whole or�in �rt within a proposed subdivision z,�uch proposed publ.ic si�e shall be designa�ed as such and , should be dedi.cated ta;the Cityx School Distri.et or vther prape�r govern- 'tnental uni.t. If the subdivider�choases not to dedicate att area in excess of the land required under this sec�ion hereaf for suah �rapased pubZic site, the Couricil shal]. no�'be required ta ac� to approve ar disapprave the plat af the subc3ivi.sian for a period o€ ninety {9p} days a€ter the subdi.vider meets alI the pravisions of the subdivision Title in ardear to pezmi.t the Qouncil, SchooZ Board or ather appxropri.�ate goveriunental unit � .to consider the proposed plat and to take the necessary steps to acc,�ta:ire, through purchase ar condemnation all or part of the pu2�].ic site proposed v�nder the official map or mas�er plan. 6.5 2n such cases where the develaper is requa.red to dedicate land area, the City Oouncil of the City oE Mendota 8eights, shall have the right to determ3.ne the geographic locatian and configuratian.af said dedicatian. ��,ot� �-��a�+ ?7 - �5 �q-�� go- t� S Z �y2 `�t - �� (301) 21 CITY C1F MENDOTA BEIGHTS Dakota County, Minnesata RESOLIITION NO. 9i- 94 RESOLIITION AMENDING RESOLUTION 80-16� ESTABL28HING A PARR Ct?NTRIBIITIt?N FORMQLA AHEREAS, pursuant to Minn. Statute; Section 462.358, Subd. 2, and Mendota Heights Subdivision Ordinance, Section 6, the City Council is autharized to require a park contribution for the platting or replatting of land; and RHEREAs, said park contribution may be either in the form of a cash contri.bution or a percentage of the gross area of the plat, whiclzever is deemed most appropriate by the Citg Council of the City of Mendota Heights; and WSEREAS, said open•space cantributions or cash cantributions must be used for the purpose af maintaining and pratecting open space or developing existing public open space; and WSEREAS, it is deemed advisable that the cash contribution be based on a standard cantribution formula. � NOA T'BEREFORB IT I8 HEREBY RESOLi1ED by the City� Council of the City of Mendata Heights, that Resolution No. 80-16 be amended in its entirety; and BE IT FIIRTHER R.ESOLVED that the followi,ng park contribution formula shall apply to all requests for platting, replatting or division of �isting lots far which a cash contribution is deemed appropriate by the City Council: a. Property owner or.developer shal2 contribute a minimum of $?50 for each residential lat created as�a result of plat, replat ar lot division approval; and . b. Cash contributions in the case of commercial/industrial plats, replats or lot divisians shall be at least ten ( l0 j percent of fair market value of the gross area created as a result of the plat, replat or lot divisian; and BE IT'FIIRTHER RESOLVED that the contribution shall be payable upon approval of the plat, replat or lot division or in a manner as = outlined in the Subdivision ordinance. Adopted by the City Council'of the City of Mendota Heights this 17th day of December, 1991. � CITY COUNCIL �� .CITY OF MENDOTA HEIGHTS By �-,,-� � �1.,.�-.�' Charles E. Mertensotto, Mayor ATTEST: .cr.�Ltt..� f%j ��c...� „ ._ " athleen M. Swanson, City Clerk • i �, . �: � � r ' S t t � �� ,.r� ` . B�N�HQC�F & ASS�CiATE�, IN�. TRANSPORTATION ENGINEERS AND PLANNERS 7301 tJHMS LANE, SUITE 500 / EDINA, MN 55439 /(612} 832-9858 J FAX (812) 832-9564 M�y 26y 1995 FlEFER TO FILE: 95-31 MEMORANDUM tf TO: Keith Heaver, Heave� Design/Canstruction, Inc. � FROM. James A. Benshoo and Fdward F. Terhaar��' RE: Results af Traffic Analysis for Praposed Residential deveiopment in the City of Mendota Heights F[TRPUSE This memorandum is ta present the results of our traffic analysis for the proposed residentiat develapment iacated beiween Cherry Fiill Rd. and Clement St. south of Emerson Ave. in Mendota Heights. The traffic analysis and results presented in this memorandum aze organized as follows: 1) Background Information. This includes development _characteristics and existing roadway chazacteristics. ' 2) TrafCc Farecastss. Daily and a.m. and p.m. peak hour traffic farecasts were deveiopeti far the development. 3} Trai�c Analysis. An evaluation was performet� regarding the ability of the r4adway system to accommodate the projected post-development traffic volumes. 4) Conclusions. BACKGROi:fND �IN�R�trIATION Develo ment Characteri tics The proposed development is expected ta consist of 18 single family dwelling units located atong an extension of Knollwood Lane south of Emersan Ave. Of the tatal development, 161ots are served by Knollwood Lane and two by Clement St. The deveiopment wili include a new connection between Knollwoad Lane and Cherry Hill Rd., which will be calleci Ivy Lane. Cunent plans show Knollwood Lane ending in a cu%de-sac west of Clement St. An al#ernative of connecting Knollwood La�te to - Clemenk St. also has been considered. Mr. Keith Heaver -2- May 26, 1995 Existing Conditions Roadways immediately adjacent to the proposed development include Wachtler Rd., Emerson Ave., Cheny Hill Rd., Clement St. and Knollwood Lane. All of these are two lane roadways. Wachtler Rd. is a County road which connects the area to T.H. 13 to the north. Traffic count information obtained from Dakota county indicate approximately 3,450 vehicles per day on Wachtler Rd. south of T.H. 13. Traffic counts performed by Benshoof & Associates, Inc. indicate approximately 200 vehicles per day on Cherry Hill Rd. east of Wachtler Rd. It is estimated that approximately 100 vehicles per day currently use Knollwood Lane south of Emerson Ave. TRAFFIC FORECASTS Trip Generation Trip generation rate information published by the Institute of Transportation Engineers for single family dwelling units was used to estimate the expected number of trips generated b� the proposed development. Table 1 shows the a.m. and p.m. peak hour and daily tnp generat�on for the proposed development. TABLE 1 TRIP GENERATION PROJECTIONS FOR THE PROPOSED DEVELOPMENT Time Period AM Peak Hour PM Peak Hour Daily Trip Generation Rate (Trips/Dwelling Unit) In Out 0.26 0.74 0.82 0.46 5.92 5.92 Trip Distribution and Assi ng ment Trip Ends Generated In Qut 5 13 15 8 107 107 From observations and turn movement counts recorded at various intersections in the area, the following trip distribution percentages were determined for the proposed development: 50 percent to/from the north on Wachtler Rd, 20 percent to/from the south on Wachtler Rd., 15 percent to/from the northeast on Sylyandale Rd. and 15 percent to/from the southeast on Clement St. Knollwood Lane was assumed not to extend through to Clement St. for these trip distribution percentages. Trips to and from the proposed development were assigned to the sunounding roadways using the distribution percentages described above. Traffic Volumes Daily post-development traffic volumes were developed for Cherry Hill Rd. and Knollwaod Lane, assuming Knollwood Lane did not extend through to Clement St. These volumes are as follows: 300 vehicles per day on Cherry Hill Rd. east of Wachtler Rd. and 200 vehicles per day on Knollwood Lane south of Emerson Ave. Mr. Keith Heaver -3- May 26, 1995 TRAFFIC ANALYSIS Traffic Operations at Key Intersections Based on the trip generation and distribution described earlier, the traffic operations at the intersections of Wachtler Rd/Emerson Ave., Wachtler Rd./Cherry Hill Rd. and Emerson Ave./Knollwood Lane will not experience any adverse effects due to the traffic generated by the proposed development. Trips generated by the proposed development have numerous entering and exiting options available, which distributes the traffic and does not concentrate it in any one particulaz area. Motorists cunently using these intersections will notice little difference in the traffic operations. Ability of Surroundin� Roadways to Accommodate the Pronosed Development Traffic The post-development traffic volumes on the surrounding roadways will be higher than existing volumes, but will still be well within the typical ranges seen on residential streets. Therefore, the surrounding roadways will be able to adequately accommodate to trips generated by the proposed development. Effects of Extending Knollwood Lane to Clement St If Knollwood Lane were extended to Clement St., daily volumes on Knollwood Lane more that likely would be higher than the 200 vehicles per day stated earlier. This would be due to motorists using the roadway as a through route to access Wachtler Rd. to the west and Dodd Rd. to the east. For example, if a motorist currently travels east on Emerson Ave. to Clement St., south on Clement St. to lst Ave. and east on lst Ave. to Dodd Rd., that same motorist probably would choose Knollwood Lane to 2nd Ave. to Dodd Rd. instead if Knollwood Lane connected with Clement St. . CONCLUSIONS From the trafFic analysis documented in this report, we have established the following results: . Traffic volumes on the surrounding roadways will increase over existing volumes due to the Heaver development, but will still be well within typical volumes for residential streets. . The surrounding roadway intersections will not experience any significant adverse impacts due to the additional traffic generated by the proposed development. . The surrounding roadways will be able to effectively accommodate the additional traffic generated by the proposed development. . If Knollwood Lane was extended east to Clement St., volumes on Knollwood Lane would be higher than under the proposed cul-de-sac plan due to the through nature of the route. Two overall conclusions are: 1) the proposed development and cul-de-sac plan will not - cause adverse impacts on nearby homes or residential streets and 2) the proposed cul- de-sac plan will have less effect on nearby neighborhoods than if Knollwood Lane were extended to Clement St. - 1 DESIGN/CONSTRUCTION, INC. STATEMENT FROM HEAVER DESIGN & CONSTRUCTION, INC. -- REGARDING RETAINING WALLS _ At this time, Heaver Design and Construction has revised the proposed grading plan to eliminate any required retaining walls on any of the proposed lots with the exception of one retaining wall on the property of Ms. Billie Logan (See attached informa- tion�. Ms. Logan is fully aware of the construction process for this boulder wall and the minimal maintenance and fully agrees to be responsible for any and all required maintenance in the future. Please note the type of construction to be used in con- structing the boulder wall on Ms. Logan's property in the at- tached article. HEAVER DESIGN & CONSTRUCTION, INC. LV Keith W. Heaver � ss� Date We design to your needs. Build to perfection. 875 Mendakota Court, Mendota Heights, Minnesota 55120, (612) 687-0882 it certainly isn't the easi- esk But the extra effort pays off with safety and longevity. " ' FINDING ROCKS Gravel pits, quarries, farms and con- struction sites are good sources of low cost or no-cost rock. But always ask before you take. Getting rocks home is the hard put Building a wall takes a lot of rock (we used 10 tons to build our 35.-ft long, 3-ft high wall). So even if you have a full-size pickup truck, you'll need to ' make lots of trips. For the backyard builder, rocks fall into two categories: angular (like shale, sandstone, marble or slate) and rounii- ed (usually granite). Angular rocks have a definite grain, sort of like wood. So the forces of geology break them into irreg- ular� blocks with flat sides and sharp, squarish edges. These flat surfaces make the rocks easier to fit together. They're also easier to split because they usually break along predictable lines. Rounded rocks (like the ones we - used) are much harder and have a less definite grain. They come in all shapes, but they tend to have humped surfaces. Ftting them together takes a lot more trial and error, you set one in place, Snd iYs too wobbly and try another. In most regions, Mother Nature has made choosing a rock type simple; you just take what you can get Still, there are a few things to keep in mind while filling your truck or trailer. ■ You'll need a mix of sizes; everything from baseball size on up. But don't play Hercules..If iYs too big, leave it alone. ■ The flatter a rock's surfaces are, the better. Block shaped rocks are valuable; round rocks are almost worthless. ■ Long rocks, which are used as "6e- stones" (Photo 4), are treasures. The more you have, the stronger your wall. ■ Wedge-shaped rocks are handy for "chinking" (Photo 5). ROCK SHOPPING If rocks are scarce in your area, or if you have no way to transport them, you : can buy a load and have it dumped in your yard. Begin by looking in the Yellow Pages under "Stone" or by call , LAY your first course along fhe outer edge of the trenc6. Now's the time to roll into p/ace any rocks that aro too big to lih onto upper courses. 7UCK landscape fa6Pic in behind the �rst course, fold it over t6e rocks, shovel in bac�ll and romp the soil down by pound- ing it wirh o posL You'll need to repeat this entire protess aher each course. LAY the fa6ric back against the slope and set the nex� course. Each coune should 6e wider than the previous. Note: For clarity, we show three courses exposed here. You'ro better off completing an enrire course • before moving on to the nex�. MARCH 1995 39 � � ' � � �ing a land- scaping sup- plier. But ' don't just phone in an order. One � advantage of buying stone is that it usu- ally gives you a choice of types and colors. So g� and browse before you buy. Prices vary widely, depending on what you get and whom you get it from. A farmer may deliver a load of fieldstone for little more than the cost of transportation. A few tons of richly colored granite from a landscaping sup- plier may cost you $1,0{?0. PLANNING YOUR WALL Establish tr�e course of your wall by laying out a garden hose and adjusting it until you establish the path you want the wall to follow. Then cut back the slope and dig the foundation trench. Here are a few things to keep in mind as you plan your layou� ■ If you have dirt hauled in (check the : Yellow Pages under "Landscape'� to : create or enlarge a slope, it should be : thoroughly soaked a couple of times— ' by a garden hose or rain—so it settles An en And Shut Case For Or ering Carpet Direct. Decorator Carpet Sample Portfolios 1-800-224-3546 Open your FREE Dec;orator Carpet Sample Portfolios to discover textures and styles you've dreamed about, but thought you could never afford. Feel the quality. Examine the fibers. Select theperfect colora right in your home. VYe offer Monsanto Wear-Datedm Carpet, DuPont Certified STAINMASTERmCarpet and car�et with ScotchgardT"' Carpet Protector by 3M. All at a generous 50% off retail pnces for comparable carpe� So call for your fiee S&S Mills sample portfolios today. � DRIVE chink- ing stones into the wall's face ro �ll gaps or secure loose rocks. Wear safety glass- es to protecf your eyes from shards of sfone. : before you build against it �■ Big tree roots can slowly tear a wall : apart, so you'll need to cut back any : that threaten to reach your wall. r------------------------� i i , p , i lE� I want to . i i sample S&S Mills i i Carpet. Send my � � FR.EE, no-obligation � � ' ' Decorator Carpet � � AI! rhe Qualiry. Sample Portfolios ' � i Naljrhe Price. �y pve checked � � the styles Pd like to have. � O �ackless Saxonies ❑ Velvets & Plu�h Piles ❑ Berbers ❑ Commercial Plush ❑ Commeraal Level Loop How many rooms do you plan to carpet? Name _ Address c�rns��c �c�.o.s�. City State Zip Phone( ) �.,,,,,n■ �WearDated in a regiatered � Mail to: S&S Mills Carpet, P.O. Box � ��'" *� ,�, ��de � k o£Monsanto � 1568 200 Howell Ih Dalton GA • i � ,"°�'�� ""� � � SAUf 5076 � ie a P y �tra�of i 30722-1568. � , � aamen■ om. � Dr,rySfiBDnt�t y�.p� DuPonkaTMS�tchgardiea � I "`°'�. ��""' � �' trademark of 3M Corporation. ; or call: 1-800-2243546. � L________________________J LAY tapstones, checking t6em with a Ieve1 as you go. Capstones should bring the wall to a height roughly level wit6 the embankment Then tuck �the fabric in behind the capstones, 6ac�11 and add ropso;l. FOUNDATION FIRST Soil moves as it gets soaked and dries, freezes and thaws. A dry stone wall is flexible and will survive centuries of minor shifking. But big shifts can make it crumble in just a few years. Tha�s why a simple foundation and landscage fabric are good ideas. A trench lined with 3/4in. stone provides drainage and absorbs some movement of the soil below (Photo 1). Land-scape : fabric (available from landscape suppli- : ers), placed against the backside of the : wall (Photo 3), keeps soil from working € its way into the wall and gradually foro- : ing stones apart. ; SMART STONE-SETTING : You build a dry stone wall by repeating : three steps over and over again: Lay a : "course" (a horizontal row of rocks); : bacldll with subsoil you removed � when you cut back the slope; and � "tamp" or pack down the bacldll. Then on to the next course. Preriy simple, but not necessarily easy. Here are some time- and labor-saving tips: ■ Building with stone is like putking together a jigsaw puzzle. So begin by spreading out the racks just as you would the pieces of a puzzle. ■ Put your best, wide, flat stones aside to be used as capstones (Photo 6). ■ Use your biggest stones for the first course. That way you won't have to heave them up into place later. ■ If, after the first course, you have a few biggies to raise onto the wall, use a wood plank to roll them up into place. ■ Fitting stones together is mostly trial and error. Cut down on both by mental- ly measuring the shape and size of the stone you need first Then go hunt for the perfect fik You may even want to use a tape measure. ■ Stone cutking is no fun. And doing it well is difficult So we recommend you don't But if you must, you can knock off troublesome crags or knobs with a hammer and cold chisel. If you do, wear eye protection and keep others out of the Jlying-stone zone! More than just your garden variety tractor cart. Rugged, durable and incredibly versatile, the new Rubbermaid� 8-cubic-foot tractor cart is the perfect work horse for homeowners or serious gardeners. �Hitch it to your lawn tractor and you can carry and dump up to 400 Ibs. of topsoii, mulch or building materials. Remove the front and back paneis and you've got a great way to haul lumber and other long loads. Take off the sides and it converts to a flatbed trailer. The heavily reinforced, all-plastic construction won't rust, dent or chip..lt assembles in minutes.The low-rise design makes loading easy. And you get all the qualiry and features of this commercial-grade cart for a price that won't give you sticker shock. The Rubbermaid• Tractor Cart. It's loaded. For a dealer near you call 1-800-964-1336. Nothing's better made..: �7995 Rubbermaid Commercial Products Inc. Rubberrnaicd; ,�. ' 1 � Tip: carewny choose ' rocks for the face of the wa1L If ' you hove different colors; mix them into a patchwork. For a neot, geometric look, lay stones with their flot sides facing out; for o rustic look, leave rounded, irregu/ar sides exposed. A DRY STONE r+etaining wall is basical- � ly an organized pile of rocks that /eans against an cmbankmeN and is held together by its own weight. ; TEN COMMANDMENTS � OF STONEBUILDING : 1. Make �ona ove� two, two ove� : one" your wall-bvilding. motio. €, Lay the st6nes of one course over the : vertical gaps between stones of the pre- : vious course; just like a bricklayer lays : bricks. If you don't do this, you get `ber- : tical run" and a weaker wall (Fig. B). : 11. use tiestones, long r.ocks laid per- : pendiculaz to the face of the wall (Photo : 4). You'll need one tiestone at least � every 4 ft on each course. But you can't : have too many; the more tiestones, the : stronger the wall. ; 111. All roeks on the face of the : wall mvsf slant down toward the : inside of the wall. Those that don't : will eventually fall out (Fig. �. ; IV. Keep It roughiy eoursed. If : you're working with very irregular ' stone,you're likely to build jagged, : uneven courses. This makes the next : course harder to fit together. Soon you : have no courses at all and lots of vertical : run. Try instead for roughly even ': courses, by avoiding peaks and filling ': in valleys with smaller stones (Fig. B). : V. Lay rocks flat, not on edge �g. B). :` VI. Use ehinking, small stone wedges : driven between larger rocks, to tighten ; up loosefitting rocks and fill gaps in the 's wall's face (Fig. �. - VII. Mnke if as thick as it is high. ; If your wall will rise 3 ft. above the : ground at its base� the course under the € capstones should be 3 ft. thick. ': Vill. Don'� build it moro than 4 "2 OVER 1.1 OVER 2" VERTICAL RUN �� UNCOURSED � THE LEFT SIDE of this woll will stand forev- er; the right may col- lapse with the next heavy rain. ft. high. The higher the wall, the �mor�, potential for injury should it collapse. IX. Don'f make the face of the wall perfectly verfical. To hold back all that earth, it must lean into the slope. A minimum of 2 in. of backward tilt for each foot of height is a good rule of thumb. . X. Mortnr if you must. You should have large, tight fitting capstones that will stay solidly in place by themselves. If not, cement them with a mortar mix like Quikrete or Sakrete �g. A). TFH ,- �_r=.' '_..� CHINKING OUTER STONES SLOPE / DOWN �y An oeeclion • IVIIKE 5Mm1 , �,or�hy • nu� Kwwr , . 4Z MARqi 1995 THE FAMILY HANDYMAN , �T THE FAMILY HANDYMAN MARCH 1995 43 �� "MAY 31 '95 11:27 FROM AM ENG TST ST PAIJt TO 96679115 PAGE.002 A�iERICAN 1 E\GI?1TsERY\G � ��srrh�, Yhc. May 30, 1995 �-Ieaver Design and Canstruction 8751VIendakata Court Mendot�. �Iei�tts, N1N 55120 Attn: Mr. Kei#h H�ave,r �: Prelim,ixiaiy �nformatibn �'roposed I�vy Falls �Iousing D�v'e�apment �Cxlollwood Lane NieIIdora Heights, Minnesot� AET Job #95-1447 De�r Mx. T�eaver: CONSULTANTS • GEOTECHNICAL • MATERfALS • ENVIRONMEM'AL As you requested on May 25, I995, we are submit�ing this Ietter regarcling our grotmd water mea_�rements and the potentiat for mbv'ement of water to the Iawer portions of tlae site after site grading. Yi"his letter, a�td our geotechnical sez'vices, were auiho�ized by you on April 1 U, I 995. We have performed a totai of nine (9) penetration test borzngs at the refer�ced housing development site. Du�ing the course of our field work, we have �neasared ground vwa.ter in five a� the nu�e boreholes. The �ound water was me:asured in the boreholes at dep�hs z�a�,�n� from 2' below the �ce to as deep as I31/2 below the surface. The corz�espondi�►g waier levei elevations {usuo.g memi sea level datum -1V15L} range fxom �aboui 860�to 88b. At the remaini.ug bor�r�s, ground water was not meas�red wit�iia #he bareholes, which exten.ded ta deptbs of 16` ta 2I' below the s�face. At tbese laca#iaus, the water Ie�vel appears to be belpw elevations rauging �'rom abocrt 848%z to $86. Non waterbearing sands at the bottoms of Borings #1 aud #6 woutd indicate tbat the ground �ater Ievef at those �oca�i.ons �s below e�evations 882 and 886, respec�ive3y. Tf3;e ground wa#er measvred in the borings �s most likely due ta "perched" �uvater within sauds and silty san.ds above Iess perme�ble cf ays, as a funct:ion of the toppgraphy o�' the property. � We �c�vould not expect, based on the sozl boring data, �hat excavation of s�zds from the higb.er _ e3evation areas to the north would result in a zuaj or mig,ration o£' ,uvater to the lower elevation areas to the south and s�utheast. These areas vcrilt be �lled. to el�vations higher than. existing, and proper control of surface water by gz~ading the site for s�rface drainage shouid aiieviate these •AN AFAF�MYYVE aChON EMPL�kE33• r , MAY 31 '95 11s28 NIx. Keith �%aver �v,(ay 30, 1995 Page 2 FROM AM ENG TST ST PRUL TO 96879115 PAGE.003 cancerns. The design of all houses should include a peTim.eter cirraintile syst�m for collection of any roof ruu-off or miuimal amoun�s of surface run-off which m�y filter ddwn tbrough the soi3.s along basement walls. If you have questioms perr�=� to the contents ofthis leiter, or if we can be of further assist�xcce to you, do aot hesitate to call me at (612) 659-1364-_ Sincereiy, ��';�I��:�. I• Michaei P. McGarti�� Principal Eng�neer MFM/sul R � ��,��..,�� , CnNSULT(NC PLANNERS LANDSCAPG ARCEiI'T'ECTS 3Q0 FIRST AVENUE IvORTFi SUITE 210 MI[VNE•APOLIS, 7�7N S�a()i G12•339•33U0 May 25, 1995 Mr. Kevin Batchelder Administrative Assistant City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: Heaver Subdivision Rear Yard Lot Alignment Dear Mr. Batchelder: As requested by the City Council, I have reviewed the Heaver plat (Case No. 95-03), in relationship to lot design as it abuts the Cherry Hills subdivision to the west. As designed, the proposed lots are larger in size but generally line up with the adjacent Cherry H'ills lots. The issue I reviewed was whether or not the Heaver subdivision lots should line up back-to-back with the Cherry Hills subdivision lots or be offset. The lots within the block directly to the west in the Cherry H'ills subdivision line up perfectly back to back. Homes are built so that the rear yards face each other. This is a common occurrence throughout Mendota Heights where generally between two streets the lots back up to each other in a geometric pattern of matching lot lines. There are also many areas in the City where the subdivision designs slightly offset lots based on different platting arrangements for single family homes. There is nothing in the ordinance nor any specific planning principle, that would require lots to be either lined up or offset. This is a market choice based on design and efficiency of layout and does not create an impact on abutting property one way or the other. Obviously, the concern was that if the lots lined up, homeowners would view the back portion of the home in the abutting lot. Apparently, there is a belief that viewing one single family home from another may be an undesirable situation. We have found that most homes have views of the rear portion of adjacent homes and this is the primary rear yard condition in all suburban areas, except where the homes face out onto wetlands, lakes, or highways. By offsetting the lots, a portion of one home may have a view between two other homes. The distance between two homes may be 20 feet (two side yards) while the homes can be an excess of 70 feet in width. The amount of home viewed - from the rear of an adjacent home remains the same, regardless of where it is placed on the lot. There is no perceived benefit in creating offsets that would require a change in any single family plat. ' Mr. Kevin Batchelder May 26, 1995 Page 2 In reviewing the lots in the Cherry Hills subdivision, I found most have a good deal of landscaping that provides reasonable privacy to backyards. It is always prudent for any .property owner to plant perimeter screening to avoid undesirable views. However, for planning purposes the view of one single family home from another is not considered a detrimental condition that would require screening regulations as you may find in a commercial or industrial development. In conclusion, the plat as designed, represents a normal and reasonable rear yard relationship between the proposed subdivision and the existing Cherry Hills neighborhood. Sincerely, DAI�.GREN, SHARDLOW, AND UBAN, INC. � �� .� �� c. ronn uban Principal, ASLA �;� ��II �! �l...m.� DESIGN/CONSTRUCTION, INC. STATEMENT FROM HEAVER DESIGN & CONSTRUCTION, INC. REGARDING FRONT YARD SETBACK DISTANCES Heaver Design & Construction, Inc., intends to conform to the City's required 30 foot front yard setback and 10 foot side yard setback requirements. Based on many of the lots exceeding the minimum 100 foot frontage, we would anticipate the distance between adjacent homes to be substantially greater than 20 feet minimum as per ordinance. It should be understood that Heaver Design and Construction, Inc., puts forth great effort to posi- tion the homes on the sites so that they conform and blend with the surrounding homes and environment. HEAVER DESIGN & CONSTRUCTION, INC. �N✓ Keith W. Heaver - � 3� 9 S Date We design to your needs. Build to perfection. 875 Mendakota Court, Mendota Heights, Minnesota 55120, (612) 687-0882 MEMORANDUM To: Keith Heaver Heaver Design and Construction, Inc. From: Jeffrey A. Shopek, P.E. Q Principal Civil Enginee Date: June 5,1995 Re: Ivy Falls South Mendota Heights, MN Loucks Project No. 95-109 CA* _ Per item Number 3 of the City of Mendota Heights comments, we have performed an earthwork analysis on the preliminary grading plan dated May 31, 1995, and have determined the following: The grading quantities based on the existing and proposed contours indicate the site is approximately 4,100 cubic yards short. This would require that 4,100 cubic yards be imported to the site. It is the intent of the final grading plan to achieve an earthwork balance where there would be no import or export from the site. Lowering the overall grades on the preliminary grading plan by approximately three (3) inches would achieve this goal. The attached computer generated cut/fill drawing indicates the volumes b�sed on the difference beiween existing surface grades and final surface grades. Based on the computer quantities, we compute the volumes accounting for placing the street gravel and blacktop and the amount generated from house basement excavation. The computer volwnes are adjusted to reflect these quantities. The resulting preliminary grading plan was approximately 4,100 cubic yards from a balanced site. The 10 acre surface area of� the site at a one foot depth will generate approximately 16,000 cubic yards of soil. Therefore, by lowering the prelirninary grading plan by three (3) inches, the site would achieve a balance. The final grading plan would incorporate this adjustment to obtain an approximate balance. We reviewed the storm drainage system and have determined that the drainage patterns, drainage areas and storm sewer design are not effected by these minor grading adjustments. � � � 7 �i�/ yt.r`+ V' �� ""' �� "'� f/ i LISt♦ �i'C14i.:J HOENE & KRAUSE, P.A. 1800 AMERICAN NATIONAL BANIC BUILDING ST. PAUL, MINNE5C7TA 55141 {612} 222_2838 FAX: (612) 222-6826 ROBERT C. HOENE THOMAS W. KRAUSE May 24, 1995 CITY HALL CITY OF MENDOTA HEIGHTS 1101 VIGTQRTA CURVE MEND(3TA HEIGHTS MN 5511$ VIA FAX & U,S, MAIL ATTN MAYOR MERTENSCiTTCt & MEMBERS 4F CITY COUNCIL Dear Mayor Mertensotto and Council Members: Enclosed by fax, plea�e find a copy af a Petition which was prepared by a couple of neighbors on Cherry Hill Road and which was circulated throughout my neighborhood and on Knollwood Lane. Althaugh I was not the arig.inal drafter of the Petition, nar one of the persons who circulated this Petition, it is my understanding . that every neighbor who was presented with the Petition agreed with �it and signed the document. Additiona].ly� I was the persan designated �o present tb,e Peti�Gion to the Council. We do anticipate getting considerably more signatures between now and the time when Mr. Heaver puts this matter back on the next City Cauncil agenda and we will present the original signed Petitian.at that time. To the extent that anybody has any questions, please do not hesitate to cail me. Very uly yours, ��p� ry�`5��..�'1 �.�.i 1 ` Thomas W. Krause TWK:sh Enclosure , ., We, the undersigned, wish to express our opposition to the development of the Logan/Hughes progerty as proposed by Mr. Heaver. Our major concerns are enumerated as follows: 1. The density of the development is completely out of character with the existing neigh6orhoods. . 2. The increased traffic flow presents a serions danger to the large nnmber of children living in onr neighborhood. - 3. The steep slope and gracling of the land will create drainage problems. No grading plan has been prepared to address the volnme of soii which will need to be eacavated frnm the area. 4. The height of the houses relative to those in onr neighborhood will create an imposing concrete jnngle altering the look of the neighborhood. We believe the City Council will be acting in the best interests of our city by denying Mr. Heaver's application to devetop 18 houses on this parcel of land. Our concerns, voiced from the perspeclive of exitsting homeownets in the adjoining neighborhood, must be considered when the City acts on this developer's application. We understand the realiry of development within Mendota Heights, but we strongly believe Lhe character of existing neighborhoods must be preserved It is realistic to exgect a development wlrich is more in keeping with the sunounding neighborhood and land. If the develoger were to reconsider his plans; plotting sixteen or fewer houses and ouflining specific answers to the type and size of houses to be built, we would support the City Council's adoption of said plan. � (�r�u J I'�32 Gl�er� l�,ll � , Z. �nn�� r�3� �i� � . . , - i�� -t��- �� 3 � • ��,� .�.,1�' lZ�-�-�._ � ��u� � �� y j�� yy� � � -, - 10 - /� � � I�23 �,�� 2�' �: ' ,' ' ' �- �', �- �- „��,-,� «`�' f✓,i/ � , �� G�`�' q � /�o � C''! ��Pa� � " �� iD. �, � � ►-��g � .. � �' n� ,� �i �--, � �! d �' �� .C�i �� . d � �� I�(bZ C� ►!�cc ;�Q � � � �2 � � �l i �� `l�—c� �' �`�� e�t�� I�S� �� f �ti < < � . "_I -1 ��=�:�t, C."�r,L�/ %loS �oGr/2�' (�'i�//�i��Vr'� � � � � � � y� G�,�rr� 7�0 � �2 �,c,�'� ?�..��-�%��. .. -, , r. 0 � 4 ,. � � a �G t.� �-�-� � �.,,� - I �vG ��►`�' L�'.�- r�;Y� �. � " �. � �.,�. �T `� �3 i re �-t� � �.vG l-�p n, � �-,'i'' d� � Ls ��"�'-� � (.��-,c.�e7+- �— '7 �l b °� '. ��—n�ut�.m.,�,-ca Q�4� • r �� `� �-�• -T i `z-�-� ��:�. �� I . � � ��-.- ��-�i j �� -e„ � 3� z� � C�,.7 I�� i 1/�� ,� � �,-,� ��,�U� � �dd�� -��/ t �,�.�-� � � �.� � c�.-�rn�rc �.. OC�..�n.e.. 13 R� ��u�-�. y 1�c-e.� � ��...�� . 1��-1 a�:u-c�C. ��l.c:1t.., �Y�� ,c� �X-� �� %'�-e�� I.,� �'� ` %��'��,./. , � �" � � a-�..n•,,�..: �` /�%� �� a� , �� I� �� i � 9�,;�'�''�� ..� _ � ��r,� �� / d� � � � . '� c�l1 �1 .�.n . a R � c � �� REPORT OF GEOTECFINICAL EXPLORATION AND REVIEW FOR IVY FALLS SOUTH HOUSING DEVELOPMENT KNOLLWOOD LANE MENDOTA HEIGHTS, MINNESOTA AET #95-1447 PREPARED FOR: HEAVER DESIGN & CONSTRUCTION 875 MENDABOTA COURT MENDOTA HEIGHTS, A�IINNESOTA 55120 MAY 31, 1995 AMERICAN � 1 ENGINEERING � �� TESTING, INC, �`�� : �� i �� _T E. . �_; � ��; May 31, 1995 Mr. Keith Heaver Heaver Design & Construction 875 Mendakota Court Mendota Heights, MN 55120 RE: Geotechnical Exploration and Review Ivy Falls South Housing Development Knollwood Lane Mendota Heights, Minnesota AET #95-1447 Dear Mr. Heaver: CONSULTANTS • GEOTECHNICAL " • MATERIALS • ENVIRONMENTAL This report presents the results of the subsurface exploration program and geotechnical engineering review we conducted for the proposed development in Mendota Heights, Minnesota. We are submitting two (2) copies of this report to you, with an additional copy to Loucks and Associates, Inc. If you have any questions concerning this report, if we can be of further assistance to you, or if you wish to schedule observation and testing services during construction, please contact me. Very truly yours, L2%l!� �!� Michael P. McCarthy, PE Principal Engineer Phone: (612) 659-1364 Fax: (612) 659-1379 MPM/sm '� pc: � � Mr. Jeff Shopek Loucks and Associates, Inc. 'AN AFFIRMATIVE ACTION EMPLOYER' 2102 University Ave. W. . St. Paul, MN 551 i4 . 612-659-9001. Fax 612-659-1379 Duluth . Mankato . Rochester . Wausau � s �•. ,' { GEOTECH1vICAL EXPLORATION AND REV�W FOR TVY FALLS SOUI'H HOUSING DEVELOPMENT KNOLLWOOD LANE MENDOTA HEIGHTS, MINNESOTA AET #95-1447 CONTENTS Pa�e Si:i1VIlVIARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Purpose............................................. 1 Scope.............................................. 1 Findings' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Recommendations ...................................... 1 INTRODUCTION ........................................ 2 Scope of Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PROJECT INTORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Foundation Design Assumptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SITE CONDI'I'IONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Surface Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Subsurface Soil Condirions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Water Level Measurements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 GEOTECHrTICAL CONSIDERATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Review of Soil Properties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '7 RECONIlV�NDATIONS .................................... 9 Building Grading Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Building Foundations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Floor Slabs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Lateral Earth Pressures and Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Exterior Backfill Placement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Pavements and Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 F � CQl\ li+l\ 1►7 PAGE 2 Pa�e CONSTRUCTION CONSIDERATIONS . . . . . . . . . . . . . . . . . . . . . . . . . 16 Potential Difficulties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Excavation Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Observations and Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 � SUBSURFACE EXPLORATION PROCEDURES . . . . . . . . . . . . . . . . . . . 17 ; � General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 � Drilling Methods 17 ;�# Sampling Methods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Classification Methods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 C� Water Level Measurements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 � Sample Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 � EXPLORATION PROGRAM LIMITATIONS . . . . . . . . . . . . . . . . . . . . . 19 STANDARD OF CARE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 L� SIGNATURES ......................................... 20 ( �� STANDARD DATA SHEETS L Basement/Retaining Wall Backfill and Water Control . . . . . . . . . . . . . . . 21 Freezing W eather Effects on Building Construction . . . . . . . . . . . . . . . . . 22 �� Bituminous Pavement Subgrade Preparation and Design . . . . . . . . . . . . . . 23 a APPENDIX A f2. Soil Boring Location Sketch (Figure 1) `" Subsurface Boring Logs (#1 to #9) � Boring Log Notes ' Classification of Soils for Engineering Purposes Soil Identification and Description � � , �'I � � � � � GEOTECHNICAL EXPLORATION AND REVIEW FOR ,,, IVY FALLS SOUTH HOUSING DEVELOPMENT KNOLLWOOD LANE MENDOTA HEIGIiTS, MINNESOTA AET #95-1447 � .. Purpose �� ' A new development is planned at the south end of Knollwood Lane in Mendota Heights, Minnesota. The purpose of our services on this project was to explore the subsurface conditions � and provide geotechnical engineering recommendations to assist you and the design team in planning and construction. �-- . � j Scone To assist in the design, we performed a total of nine standard penetration test borings within the f�; ,proposed development and prepared this geotechnical engineering report. i� � Findings (� The borings indicate a profile consisting of about 'h' to 4' of topsoil over naturally deposited � fine and mixed alluvial clays; coarse alluvial sands and silty sands; and glacial till clays and silty sands. Ground water was measured within five of the nine borings, at depths ranging from ; about 2' to 12'. _! Recommendations The following geotechnical recommendations are condensed for your convenience. Study our -�° entire report for detailed recommendations. s • The proposed residences can be supported by conventional spread footi.ng foundarions. Excavation will be required at some of the lots to remove e3cisting topsoil and soft clays . from below the buildings. The footings and floor slabs can be supported by the competent naturally deposited soils or by new fill placed and compacted above the "" competent natural soils. f. . • Grading for the roadways should include removal of topsoil and soft clays from the top � 3' of the pavement subgrade and placement of compacted fill to establish final subgrade elevations. At some locations, specifically at Borings #2, #3, #4, #5 and #9, additional �� excavation could be performed below the top -3' to completely remove compressible topsoil and soft clays, or the paving and utility installation should be delayed to allow the �: soft clays to consolidate under the fill placed to final subgrade elevations. L: L � �" , � >.> ;�t :';� AET #95-1447 - Page 2 INTRODUCTION This report presents the results of the subsurface exploration program and geotechnical engineering review for the Ivy Falls South housing development along Knollwood Lane in Mendota Heights, Minnesota. To protect you, American Engineering Testing, Inc. (AE'1�, and the public, we authorize the use of opinions and recommendations in this report only by you and your project team for this specific project. Contact us •if other uses are intended. Even though this report is not intended to provide sufficient information to accurately determine quantities and locations of particular materials, we recommend that your potendal contractors be advised of the report availability. s • �'� Scope of Services ' � LJ � L � .s � L: � � Our services for this project were performed in accordance with your verbal authorization of our April 11, 1995 and May 8, 1995 proposals. The combined scope of services from these proposals consisted of the following items: • Drill nine (9) standard penetration test borings to depths of 16' below the surface. • Perform an engineering evaluation and prepare a geotechnical exploration report. The scope of our work was intended for geotechnical purposes only. It was not the intent of tlus program to explore for the presence or extent of environmental contamination at the site. PROJECT INFORMATION We understand the proposed housing development will consist of 16 single family dwellings. The residences will be multi-level structures, presumably constructed using masonry block foundation walls and above-grade wood frames. Each residence will also have an attached garage. Based on this information, we estimate the maximum bearing wall loads will be 3 kips per linear foot of wall. 1V�aximum column loads (if any) are estimated to be less than 50 kips. f 0 i ,� � � L_ �� AET #95-1447 - Page 3 The general grading plan will result in the higher areas of the site to the north being "cut" from existing grades, and the lower site areas to the south, southeast and southwest being filled to plan grades. Roadways will also be constructed, including the extension of Knollwood Lane to the southeast from the current cul-de-sac, and the continuation of Ivy Lane to the north (connecting to the new Knollwood Lane within the development). We assume each of these roadways will be constructed primarily for residential traffic using a 7-ton road design. Underground utilities, including sewer and water mains, will be installed helow the new roadways. Foundation Design Assumptions Our foundation design assumes a minimum factor of safety of 3 with respect to localized shear or base failure of the foundations. We also assume total foundation settlements can be 1" or less, and differential settlements can be 'fZ" or less. The project information presented in this report represents our understanding of the proposed construction. This information is an integral part of our engineering review. It is important that you contact us if there are changes from the information described so that we can evaluate whether modifications to our recommendations are appropriate. SITE CONDITIONS Surface Conditions The proposed construction area is located east of the existing Knollwood Lane, which currendy ends as a cul-de-sac in an existing residential area. Residential properry surrounds the proposed development. The site is highest to the north, and slopes downwazd to the south, west and east. The property is covered with tall grass and weeds, with some scattered trees. Lower marshy areas also exist in the southeastern and southern portions of the site. According to the plans provided to us, current grades at the site range from about elevation 922 in the northem portions of the site down to about elevarion 870 in the southwestern por�ions of the site. The ground � � 0 � l,:;: AET #95-1447 - Page 4 , surface elevations we measured at the boring locations range from 869.3 at Boring #9 up to 903.2 at Boring #1. Subsurface 5oi1 Conditions Logs of the penetration test borings are included in Appendix A. These logs contain information concerning the soil strata, soil classification, geological description and moisture. Relative density or consistency is also noted, which is based on the standard penetration resistance values �£� (N-values) recorded during sampling. The boring logs only indicate the subsurface conditions at the sampled locations, and variations often occur between and beyond the borings. � The soils at this site can be categorized into three geologic origins; topsoil, alluvium and till. �, Soils classified as topsoil are generally organic materials formed by the decay of grass, leaves ,, and other vegetation. Soils classified as alluvium are water deposited and soils classified as till are glacially deposited. E. - Tovsoil Topsoil is present at the surface of all borings, extending to depths of about 'h' to 4' below the � surface. The topsoil is classified as lean clay. These soils appeaz to be moderately to significantly organic, based on our observations of the samples. The N-values recorded in the �� topsoil indicate it ranges in consistency from very soft to medium. Typically, the topsoil has a soft consistency. �. � Alluvium _ Alluvial clays are present below the topsoil at all bori.ngs except #6 and #S. The alluvial clays � aze classified as lean clays (fine alluvium) and clayey sands (mixed alluvium). The N-values indicate the fine alluvial clays range in consistency from very soft to soft. The mixed alluvial f clayey sands in Boring #2 have a stiff consistency, based on the N-values. ��= � l. : l_. a � �. . �, � � � AET #95-1447 - Page 5 Coarse alluvial sands and silty sands exist below the topsoil at Borings #6 and #8, and below the alluvial clays at the other boring locations. Coarse alluvial soils are also present at the termination depths of Borings #1 and #6. The sands and silty sands contain variable amounts of gravel, and also contain occasional cobbles and maybe boulders. Penetration resistances recorded in the alluvial sands and silty sands indicate they range from loose to medium dense. Till Glac'ial till soils are present within the profiles of each of the borings. The till consists of clayey sands, silty sands and sandy lean clays. These- soils sometimes contain lenses and laminations of sand and silty sand, some of which are waterbearing. Occasional cobbles and maybe boulders may exist within the till layer. The N-values indicate the clayey sands and sandy lean clays range in consistency from medium to very stiff, and the silty sands are medium dense. At Boring #9, a layer of lean clay with sand is present from about 9' to 18'/z'. This layer is classified as "Fine Alluvium or Till" on the boring logs. The N-values indicate these soils range in consistency from stiff to very stiff. Water Level Measurements Each of the boreholes were probed for the presence of ground water during drilling. The measurements are recorded on the boring logs. A discussion of the water level measurement methods is presented in the SUBSURFACE EXPLORATION section of this report. Ground water was � measured in Borings #2, #3, #4, #5 and #7. The measured water levels ranged in depth from about 2' in Boring #4 to 12' in Boring #3. The water levels were measured at variable depths and elevations. Tn the higher site azeas, the measured ground water may be indicative qf "gerched" levels. In the lower portions of the site (near Boring #2), the measured water level may be the result of the hydrostatic condition. • AET #95-1447 - Page 6 The measured water levels are indicated in the following tabulation. : .::.: : :::� ; .: . .:. ::. . > : :: . . .:. � . ., : . .. :. .:. �.� :�:� ..:;>. ._,.;, �Deptl�::::o�; .;.: . ... . . �`:;Borin�;: .>.,:..:;:` .' . . I�� `��e:s�; '> �.EleRativa;a£:°I��`liest:: : :. .. .:::. :, :� ;: . : . .:..: ..g. . :.: : > .: ,..... : :: .. ..gl?.:. ..:.. . . . . ..g::.. :. .. . .. . : ..:... :: . . .. ... . . .... .... . . ...... ��: � ::. ...: ....... . .: � . .: . �:........ ;.: . .. : > :Nuiu�ier�� -� �:� �� ;: Sur€a:c�:. �: :: :f)bse�vaed: V�afeic: � :: �4lisei�ed:��er� .. ... . .. , : .. . .. ..... � , .:: ..:. ; :. ,... .,. . . ` � EIevatiori; �::. : :� �:� :�e�eL.::��;:. < `� .. ,. .;. �egel:. ; : .. � .. �� 1. 903.2 N.O. Below 882 2 871.4 11'h 860 3 889.4 12 8771h 4 887.8 2 886 5 890.7 91�i 881 6 901.8 N.O. Below 886 7 880.5 9 8711/a 8 880.8 N.O. Below 865 9 869.3 N.O. Below 8481�i NOTE: N.O. indicates ground water was not measured within the depths explored by the borings. To accurately measure the ground water levels, long-term monitoring should he performed using piezometers. Long-term monitoring of the water levels was beyond the scope of our services. Ground water levels usually fluctuate. Fluctuations occur due to varying seasonal and yearly rainfall and snow melt, as well as other factors. 0 0 t � �� F?�; ��;� �� L,:� � �, �. � 0 AET #95-1447 - Page 7 GEOTECHIVICAL CONSIDERATIONS The following geotechnical considerations are the basis for the recommendations presented later in this report. Review of Soil Properties Tonsoil The topsoil appears to be moderately to significantly organic. Based on the N-values, the topsoil is judged to have low strength and to be compressible. These soils should not be considered suitable for support of the proposed buildings. They should also not be left in place within the top 3' of the pavement subgrade. If they are left in place in site areas receiving more than 3' of fill, these soils could undergo substantial settlements. This may be critical in pavement, driveway, sidewallc and landscaped areas. The topsoil is classified as lean clay, therefore, it is judged to be slow draining and frost susceptible. Frost heave will occur if these soils freeze, which could impact slabs and pavements. I Alluvium � The fine alluvial clays are also judged to have low strength and are considered unsuitable for � support of even light residential footing and floor slab loads. The clays are also judged to be L compressible, therefore, settlement of these soils (and overlying fill) will occur in areas where ( fill is required to establish final grades. The amounts of settlement are generally a function of L: the thickness of the fill layer and the thickness of the soft clay layer. ' _� . L, � �... L: The mixed alluvial clayey sands are judged to have moderate strength, and should adequately support the residential foundation and floor slab loads. The clayey sands are judged to have low compressibility. !' ! � �. � C� � I�� L � � I� � � AET #95-1447 - Page 8 The fine alluvial lean clays and mixed alluvial clayey sands are frost susceptible and subject to movements as they freeze and thaw. These soils are also slow draining materials, therefore, basement levels excavated into these soils should be provided with means for collection and disposal of subsurface water. The lean clays and clayey sands are susceptible to disturbance and loss of strength if subjected to repeated construction traffic. If these soils become disturbed, it may be necessary to remove them from below building, pavement, sidewalk, and exterior slab areas. The coarse alluvial sands and silty sands are judged to be moderate to high strength soils. They should adequately support the residential foundation and floor slab loads. The sands and silty sands are judged to have low compressibility. The sands are fast draining`soils and are judged to be non-frost susceptible. The silty sands are maderately fast draining, and are low to moderately frost susceptible. The silty sands can become highly frost susceptible, however, if they are wet at the time they freeze. T�1 The glacial till clayey sands, silty sands and sandy lean clays are judged to have moderate to high load bearing capabilities and should adequately support the anticipated structural loadings. These till soils are moderately to highly frost susceptible and could contribute to frost heave problems if they freeze. This will adversely affect sidewalks, steps and exterior slabs placed above them. These movements could result in cracking and distress of the slabs. These glacial till soils are considered slow draining, therefore, basements which are excavated into them should be provided with means'for collecting and disposing of subsurface water. � � AET #95-1447 - Page 9 RECOMIVVII�NDATIONS i -, Building Grading Procedures �' i i Excavation Excavation for the proposed residences should be taken through all eltisting topsoil and l�� underlying soft clays. The soils present in the excavation bottom should consist of the naturally deposited alluvial sands and silry sands, or the glaciaY till clayey sands, silty sands and sandy �' lean clays. The mixed alluvial clayey sands in Boring #2 are also judged suitable for support � of the building and fill loads. The recommended muumum depths of excavation for building support at the respective boring locations are indicated in the following tabulation. � � � . � � N 'i� >. :::. : : : ... . � : .: :. :. ::: . ..;. .. . :;... .. .:. :.. .: ,. , _ ,... . .,. . . .:. :: �. : : �:Re�omi��:: DepYl�:: . ;::. .. .. . . ::. ;:....:.. . ;::. .... . .; ... . . ..: . :, . .. >�:� B�;r:iug;�� . ;� °S�rfac�: :: �of�;�r��t.ion�.,.:;::�stYma��:;�L�ca�atian:;�: . :: : ,.. .. . . ,: . . : .. :: .;... : : � < .. : .. :. .. : � < :;Bot�oin;::Ele�a�ion:: : ..... .. . I�tuinbe�� Ele�at�oi�:: .: �: . .. .. ..._.:fi�::;.'' :: � . . . . . 1 903.2 2 901 2 871.4 7 864'h 3 889.4 6'h 883 4 887.8 61h 881 5 890.7 41h 886 6 901.8 1'fi 900 7 880.5 21fi 878 8 880.8 2 879 9 869.3 61h � 863 � Excavation depths and bottom elevations should be expected to vary between boring locations. � These variations should be evaluated in the field at the time of excavation. � � AET #95-1447 - Page 10 If excavations are performed below design footing grades, they should be extended horizontally from the edges of the footings to provide lateral support for the footing loads and the new fill. We recommend the excavation bottoms be extended laterally at least 1' for each vertical foot of fill placed beneath the footings (1:1 oversizing). � Fill Placement and Comnaction �, Fill placed below building foundation or floor slab azeas should be placed in uniformly ;,, ��<;; compacted thin lifts not exceeding 6" to 12" in thickness. The compaction should be performed �. using equipment which is comparably matched to the soil type, and will provide compaction throughout the entire thickness of the fill layer. We recommend all fill be compacted to a minimum of 95 % of the standard Proctor maximum dry density (ASTM:D698) beneath all � foundations and floor slabs. If the depth of fill below the building foundations exceeds 10', we �� recommend the compaction level be increased to 98%. If clayey soils are used as fill, it is very important that they be placed and compacted at proper moisture contents. We recommend clay fill he placed and compacted at moisture contents at or � very near their respective optimum moisture contents (as determined by the standard Proctor). �` Sand fill is preferred, however, since compaction of sands can be accomplished over a wider (� range of moisture contents. Sand fill should also be used if the soils in the bottom of the E excavations are wet and susceptible to disturbance, or if water is present in the excavation j bottom. i. Building Foundations After preparation of the building area as previously recommended, it is our opinion the proposed >� ' residences and garages may be supported by conventional spread footings. We recommend the �� perimeter footings for the residence be placed at least 42" below exterior grades for frost � protection. Interior footings in heated building spaces may be placed at shallower depths below AET #95-1447 - Page 11 the floor slab. Foundations in unheated building areas, such as those in garages, should be r ( provided with a minimum of 60" of cover. � It is our opinion the foundations for the proposed residences and garages may be designed using a maximum allowable soil bearing pressure of 3,OU0 pounds per square foot, although minimum width footings should not produce loads of this magnitude. Based on the available data, and assuming the building pad is prepazed as recommended, it is our opinion this foundation design should provide a factor of safety of at least 3 against localized shear or base failure of the footings. We estimate total foundation settlements will not exceed 1", and differential settlements will not exceed 1/�". Floor Slabs � It is our opinion the floor slabs for the proposed residences can be supported by the competent naturally deposited soils, or by new compacted fill placed during earthwork procedures. We recommend a 6" thick sand cushion layer be placed immediately, beneath the slabs to reduce capillary moisture transmission between the subgrade soils and the bottoms of the slabs. You should consider increasing the thiclmess of the sand layer below the garage slabs to reduce frost related movements. We recommend this sand consist of inedium to coarse grained material � having no more than 5% of the particles (by weight) finer than the #200 sieve, and no more than 40 % of the particles (by weight) finer than the #40 sieve. A polyethylene vapor membrane can be provided below the floor slab to provide added protection against moisture transmission. If moisture sensitive floor coverings are planned, the use of a membrane is recommended. If a membrane is included in the design, we recommend �f� that it be placed beneath.the sand cushion layer to reduce curling of the concrete. L_. L_ I'''" f� ;l �� - �� , AET #95-1447 - Page 12 Lateral Earth Pressures and Draina�e To reduce the lateral loads exerted to the basement walls by the exterior backfill, we recommend they be bacl�'�lled with free-draining sand (SP or SP-S1V�. We also recommend perimeter drain tiles be installed around the exterior of the lower levels to collect any subsurface water which may be present. The drain tiles should be connected to sumps or storm sewer systems (if local ordinances allow) for removal of all collected water. We also recommend the below-grade walls be damp-proofed. Read the standard data sheet "Basement/Retaining Wall Bacl�'�ll and Water Control" (Page 21) for further discussion regarding lateral loads and water control. Exterior Backfill Placement We recommend that all bacl�ill which is placed below sidewalks, steps and exterior slabs be compacted to at least 95 % of the standard Proctor maximum dry density. Fill placed in landscaped areas should be compacted to at least 90%. Read the standard data sheets "Freezing Weather Effects on Building Construction" and "Basement/Retaining Wall Backf'�ll and Water Control" (Pages 22 and 21, respecrively) for further information regarding preferred soil types, frost considerations, drainage and lateral pressures. Pavements and Utilities Pavement Sub�rade Prenararion Bituminous pavements are flexible systems, therefore, high wheel load stresses are transferred to the subgrade. This requires a high level of stability from the upper portion of the subgrade. This high stability zone should be a minimum of 21h' thick in light duty or automobile traffic areas, and a minimum of 3' thick in heavy duty or bus and truck traffic areas. To prepare the pavement subgrades at this site, we recommend the topsoil and very soft to soft clays be remo�ed from this high stability zone. This excavation should also include '/z:l lateral oversizing outside the curb line for lateral support of the pavements. The soils at this subcut depth should then be scarified, dried to a moisture content not exceeding "optimum", and then �� AET #95-1447 - Page 13 recompacted to the compaction levels described below. Before placing fill, the soils e�cposed at the subcut depths should be test-rolled to detect soft or unstable areas. Deeper subcuts may be needed if soft or unstable soils are still present below the high stability zone. Inorganic fill soils can then be placed and compacted to establish final subgrade elevations. All fill placed in the pavement azeas should be compacted according to Mn/DOT Specification 2105.3F1 (Specified Density Method). This specification requires the fill placed in the top 3' of the pavement subgrade be compacted to a minimum of 1(?0% of the standard Proctor maximum dry density. Any fill placed below the top 3' of the pavement subgrades should be compacted to a minimum of 95%. The soils should be compacted within the moisture content requirements of this Mn/DOT specification. Clay soils should be placed and compacted in thi.n lifts no more than 6" to 9" in thickness, depending upon the type of compactor used. Read the standard data sheet "Bituminous Pavement Subgrade Preparation and Design" (Page 23) for general information on pavement stability and design. Sub�rade Test-Roll After final grades are established, and prior to the placement of the aggregate base layer, the subgrade should be test rolled to delineate any areas of unstable soils. If unstable soils are found, they should be subcut and replaced with drier fill or aerated, dried and recompacted back into place if weather conditions permit. Sand Subbase Laver It is our opinion that the use of a sand subbase (typically 1' thick or more) can improve the long- term performance of the pavements. Sands were encountered in the higher site areas which will be "cut" to establish grades, therefore, the sands may not have to be imported. � The sand subbase should improve long-term pavement performance, reduce maintenance cosfs, improve constructability, and allow the use of thinner pavement sections. The sand used as the subbase ?s;� � i, r �. � � � �� L_i L� � � �'� �, �� AET #95-1447 - Page 14 should contain no more than 12 % of the particles (by weight) finer than the #200 sieve, meeting the requirements of Mn/DOT Specification 3149.2B for Select Granular Borrow. If the sand subbase layer is used, subsurface drainage should be included in the design to remove water which may collect within the sands, above the less permeable clay soils. The subsurface draina.ge system should include draintile lines which are connected to storm sewer catch basins or are allowed to drain by gravity to lower areas of the site. Finger drains can be tapped into catch basins at low points of the pavement area to collect and remove subsurface water from within the sand subbase layer. Edge drains can be provided along the edges of the pavement areas, behind the curb line. Consolidation of Clavs As mentioned previously in this report, fill may be placed over soft and compressible clays in the pavement areas. The weight of this fill will lead to consolidation of the soft clays. The consolidation could occur for a periad of several months, depending upon the amount of fill placed and the thickaess of the compressible layer. To reduce the amounts of post-construction settlement, we recommend the pavement areas be filled to grade as soon as possible during the construction process. Installation of the underground utilities and placement of the bituminous surfaces should be delayed as long as possible to allow the soft clays to stabilize under the fill and reduce the amounts of post-construction settlement. The magnitudes and rates of settlement could be monitored by installing settlement plates at random lacations along the roadways to provide a more accurate evaluation of the clay consolidation, and to provide information concerning when construction can begin. Geotextile fabrics (Mn/DOT Specification 3733, Type � can be placed in marginal and poor areas to facilitate placement of fill and improve stability. It is our judgment, however, that pavement subsidence can still result due to placement of fill over soft and compressible soils. �- . i• i AET #95-1447 - Page 15 � l; �� C.i E�i �� This settlement could result in increased pavement distress and maintenance over the life of the pavement. Pavement Thicknesses Assuming the pavement subgrade is prepared as previously recommended, and consists entirely of a stable silty sand or clayey sand subgrade, it is our opinion the pavement design for the roadways should consist of a minimum of 3" of bituminous over 8" of Class 5 aggregate base (Mn/DOT Spec�cation 3138). If the 1' thick sand subbase layer is placed below the pavements, it is our opinion the pavement design should consist of a minimum of 3" of bituminous over 6" of Class 5 aggregate base. Each of these design sections assumes a 20-year pavement life, and further assumes a regular maintenance program consisting of patching of cracks and local distressed areas will be implemented. Seal coating of the pavement surface after 3 to 5 years often helps prolong the pavement life. Utilities It is our opinion that the underground utilities can be supported by the new compacted fill or the underlying naturally deposited soils. If the soils in the bottom of the utility excavation consist of topsoil or softlunstable clays, a 1' subcut should be performed to allow the placement of a bedding layer below the pipes. The bedding material should consist of Select Granular Borrow or a washed aggregate material. Sand bedding should also be used around the pipes. Material removed during the utility excavation can be used as fill above the pipes to final subgrade elevations if they can be properly compacted. We recommend the utility trench backfill be compacted to a minimum of 95 % of the standard Proctor maximum dry density (ASTM:D698) up to within 3' of subgrade elevation. All fill i I ! , � � ;�;.. r� � f, �, t; <� �t�{ s:31 C, r• �i i €, �. . � � � AET #95-1447 - Page 16 placed within the top 3' of the subgrade should be compacted to a minimum of 100 % of the standard Proctor maximum dry density. CONSTRUCTION CONSIDERATIONS Potential Difficulties The clays and silty sands at this site are easily disturbed when they are wet and are subjected to construction traffic. Disturbance of these soils greatly reduces their stability and load bearing capabilities. If these soils become wet and unstable, they should he removed and replaced with drier, more compactable fill. Alternatively, they may be aerated, dried and recompacted back into place if favorable weather conditions exist. Good site drainage should be maintained during construction to prevent ponding of water on top of the clayey and silty soils, which could result in softening and/or weakening of the soils. Ground water may enter the deeper excavations, or the excavations in the lower portions of the site. Some form of dewatering should be provided to completely remove the water during excavation and backfilling. A contingency should be included in the project budget to cover these costs. � Excavation Safetv The soils in the sides of the building and utility trench excavations will be primarily clays, sands and silty sands. The topsoil and fine alluvial clays are judged to be Type C soils under OSHA guidelines, and require minimum 1'h:l (horizontal:vertical) backslopes from the excavation bottom to the surface if the walls of the excavation are not properly braced or shored. The�stiff clayey- sands and sandy lean clays are judged to be Type B soils, and require minimum 1:1 backslopes. The sands and silty sands are judged to be Type C soils. m � AET #95-1447 - Page 17 Observations and Testin� ; The recommendations given in this report are based on the subsurface soil conditions found at our test boring lacations. Soil conditions can be expected to vary at other locations on the site, �: away from our borings. For this reason, we recommend on-site observations be performed by E.; �J L-. �i a geotechnical engineer/engineering technician to evaluate the soil conditions for support of the compacted fill and structural loads. Soil density testing should be performed on all fill and backfill placed within the building area to document that these materials are being placed and compacted to levels suitable for support of the structural loadings. SUBSURFACE EXPLORATION PROCEDURES� General The subsurface exploration program conducted for this project consisted of nine (9) standard penetration test borings which were performed on April 18 and 19, 1995 and also on May 16, 1995. The approximate soil boring locations are indicated on the Soil Boring Location Sketch (Figure 1) in Appendix A. The borings were located and staked in the field by our drill crew with your assistance. The ground surface elevations at the boring lacations were referenced to the top rim of the sanitary sewer manhole at the end of the existing Knollwood Lane cul-de-sac. The location of the manhole is shown on Figure 1. The elevation of the manhole was given to us as 881.3 by the City of Mendota Heights Engineering Department. �� Drilling Methods �� Each of the borings was drilled with an all-terrain drill rig using 3'/a" inside diameter hollow- stem augers. � E.: � AET #95-1447 - Page 18 Sampling Methods � : Snlit-Snoon Samnles The standard penetration (split-spoon) samples were collected in general accordance with r� �� ASTM:D1586. This method consists of driving a 2" O.D. split-barrel sampler into the in-situ � soils with a 140-pound hammer dropped from a height of 30". The sampler is driven a total of 18" into the soil. After an initial set of 6", the number of hammer blows to drive the sampler ,£� the final 12" is known as the standard penetration resistance or N-value. �#:� � Samnline Limitations _1 Unless actually observed in a sample, the contacts between soil layers are estimated based on the spacing of samples and the action of drilling tools. Cobbles, boulders, and other large � objects generally cannot be recovered from the test borings, although they may be present in the �-o ground even if they are not noted on the boring logs. � � Classification Methods � Soil classifications shown on the borin lo s are based on the Unified Soil Classification (USC) g g system. The USC system is described in ASTM:D2487 and D2488. Where laboratory �'' classification tests sieve anal sis or Atterber limits tests have been erformed classifications � Y g ) P � � per ASTM:D2487 are possible. Otherwise, soil classifications shown on the boring logs are � visual-manual judgements. We have included charts in Apgendix A illustrating the USC system, i the descriptive terminology, and the symbols used on the boring logs. Descriptions of density � for cohesionless soils and consistency for cohesive soils are based on N-values. �.� The boring logs include judgements of the geologic deposition of each layer. This judgement � is primarily based on observation of �he soil samples, which can be limited. Observations of the surrounding topography, vegetation and development can sometimes aid this judgement. � � � �� Water Level Measurements The boreholes were probed for the presence of g measurements are shown at the bottom of the following information appears under "Water Level • Date and Time of ineasurement. • Sampled Depth: lowest depth of soil sampling at • Casing Depth: depth to bottom of casing or hollo •� Cave-in Depth: depth at wluch measuring tape st • Water Level: depth in the borehole where free ws • Drilling Fluid Level: same as Water Level, � AET #95-1447 - Page 19 water. The results of the ground water ; logs included in Appendix A. The �surements" on the logs: time of ineasurement. :em auger at time of ineasurement. in the borehole. is encountered. that the liquid in the borehole is drilling fluid. 0 The true water level at the boring locations may be � ifferent than the water levels measured in �� the boreholes due to several factors that can affect the water level measurements in the borehole. �� i � L �. . Some of these factors include: permeability of water, amount of time between water level conditions, and use of borehole casing. Sample Storage We will retain representative samples of the soils samples will then be discarded unless we are soil layer in profile, presence of perched ngs, presence of drilling fluid, weather i the borings for a period of 30 days. The in writing to retain them longer. � The data derived through this sampling and observation program hav� been used to develop our opinions about the subsurface conditions at your site. However, because no exploration program can reveal totally what is in the subsurface, conditions between borings and hetween samples and at other times, may differ from conditions described in this report. The exploration we conducted identified subsurface conditions �; � only at those points where we took samples or observed ground water conditions. Depending on the sampling methods and sampling frequency, every soil layer may not be observed, and some materials or � layers which aze present in the ground may not be noted on the boring logs. � AET #95-1447 - Page 20 If condirions encountered during construction differ from those indicated by our borings, it may be �� necessary to alter our conclusions and recommendations, or to modify construction procedures, and the � cost of construction may be affected. �' The extent and detail of information about the subsurface condirion is direcfly related to the scope of the ; exploration. It should be understood, therefore, that information can be obtained by means of additional exploration. � .1 L�J � � �� L� � _ � '� � STANDARL! OF CARF Our services for your project have heen conducted to those standards considered normal for services of this type at this time and location. Other than this, no warranty, either express or implied, is intended. Report Prepared by: G2%�l�/� i�Z Michael P. McCarthy, PE Principal Engineer MN Reg. No. 16688 SIGNATURES Report Reviewed by: l�- ��.� e ery K. Voyen, PE Vice President, Geotechnical Division �1 �; � � �� AET #95-1447 - Page 21 BASEMENT/RETAINING WALL BACI�'ILL AND WATER CONTROL AMERICAN ENGINEERING TESTING, INC. DRAINAGE Below grade basements should include a perimeter backfill drainage system on the exterior side of the wall. The exception may be where basements lie within free draining sands where water will not perch in the backfill. Drainage systems should consist of perforated or slotted PVC drainage pipes located at the bottom of the backfill trench, lower than the interior floor grade. The drain pipe should be surrounded by properly graded filter rock. The drain pipe should be connected to a suitable means of disposal, such as a sump basket or a gravity outfall. A storm sewer gravity outfall would be preferred over exterior daylighting, as the latter may freeze during winter. For non-building, exterior retaining walls, weep holes at the base of the wall can be substituted for a drain pipe. BACKFILLING Prior to backfilling, damp/water proofing should be applied on perimeter basement walls. The backfill materials placed against basement walls will exert lateral loadings. To reduce this loading by allowing for drainage, we recommend using free draining sands for backfill. The zone of sand backfill should extend outward from the wall at least 2', and then upward and outward from the wall at a 30' or greater angle from vertical. The sands should contain no greater than 12% by weight passing the #200 sieve, which would include (SP) and (SP-SM) soils. The sand backfill should be placed in lifts and compacted with portable compaction equipment. This compaction should be to the specified levels if slabs or pavements are placed above. Where slab/pavements are not above, we recommend capping the sand backfill with a layer of clayey soil to min;mi�e surface water inf'�ltration. Positive surface drainage away from the building should also be maintained. Bacl�illing with silty or clayey soil is possible but not preferred. These soils can build-up water which increases lateral pressures and results in wet wall conditions and possible water infiltration into the basement. If you elect to place silty or clayey soils as bacl�'ill, we recommend you place a prefabricated drainage composite against the wall which is hydraulically connected to a drainage pipe at the base of the backfill trench. High plasticity clays should be avoided as backfill due to their swelling potential. ; ' LATERAL PRESSURES Lateral earth pressures on below grade walls vary, depending on backfill soil classification, backf'ill compaction and sloge of the backfill surface. Static or dynamic surcharge loads near the wall will also f-� increase lateral wall pressure. For design, we recommend the following ultimate laterai earth pressure values � (given in equivalent fluid pressure values) for a drained soil compacted to 95 % of the standard Proctor density and a level ground surface. �� `� � Equivalent Fluid Density Soil Type Active (pc� At-Rest (pc� . Sands (SP or SP-SM) Silty Sands (SM) Fine Grained Soils (SC, CL or ML) 30 40 70 45 60 Basement vualls aze normally restrained at the top which restricts movement. In this case, the design lateral pressures should be the "at-rest" pressure situation. Retaining walls which are free to rotate or deflect should be designed using the active case. Lateral earth pressures will be significanfly higher than that shown if the backfill soils are not drained and become saturated. AET #95-1447 - Page 22 `k' FREEZING WEATHER EFFECTS ON BUII,DING CONSTRUCTION � AMERICAN ENGINEERING TESTING, INC. f; I �� F �" �i GENERAL Because water expands upon freezing and soils contain water, soils which aze allowed to freeze will heave and lose densiry. Upon thawing, these soils will not regain their original strength and density. The extent of heave and density/strength loss depends on the soil type and moisture condirion. Heave is greater in soils with higher percentages of fines (silts/clays). High silt content soils aze most susceptible, due to their high capillary rise potenrial which can create ice lenses. Fine grained soils generally heave about 1/4" to 3/8" for each foot of frost genetration. Tlus can translate to 1" to 3" of total frost heave. This total amount can be significantly greater if ice lensing occurs. DESIGN CONSIDERATIONS Clayey and silty soils can be used as perimeter backfill, although the effect of their poor drainage and frost properties should be considered. Basement areas will have special drainage and lateral load requirements which are not discussed here. Frost heave may be cridcal in daorway areas. Stoops or sidewalks adjacent to doorways could be designed as structural slabs supported on frost footings with void spaces below. With this design, movements may then occur between the structural slab and the adjacent on-grade slabs. Non-frost susceptible sands (with less than 12% passing a#200 sieve) can be used below such azeas. Depending on the function of surrounding azeas, the sand layer may need a thickness transition away from the area where movement is critical. With sand placement over slower draining soils, subsurface drainage would be needed for the sand layer. �, The possible effects of adfreezing should be considered if clayey or silty soils are used as bacl�ill. Adfreezing occurs when backfill adheres to rough surfaced foundation walls and lifts the wall as it freezes and heaves. - This occurrence is most common with masonry block walls, unheated or poorly heated building situations and clay backfill. The potential is also increased where backfill soils are poorly compacted and become saturated. The risk of adfreezing can be decreased by placing a low friction separating layer between the wall and -� • backf'ill. CONSTRUCTION CONSIDERATIONS �,_ Foundarions, slabs and other improvements which may be affected by frost movements should be insulated from frost penetration during freezing weather. If filling takes place during freezing weather, all frozen soils, �� snow and ice should be stripped from areas to be filled prior to new fill placement. The new fill should not � be allowed to freeze during transit, placement or compaction. This should be considered in the project scheduling, budgeting and quantity estimating. It is usually beneficial to perform cold weather earthwork � operations in small areas where grade can be attained quickly rather than worlcing larger areas where a greater amount of frost stripping may be needed. If slab subgrade azeas freeze, we recommend the subgrade be � thawed prior to floor slab placement. The frost action may also require reworking and recompaction of the thawed subgrade. � � E�i A,ET #95-1447 - Page 23 BITUMINOUS PAVEMENT SUBGRADE PREPARATION AND DESIGN � ' AMERICAN ENGINEERING TESTING, INC. t' �� GENERAL Bituminous pavements are considered layered "flexible" systems. Dynamic wheel loads transmit high local �' stresses through the bituminous/base onto the subgrade. Because of this, the upper portion of the subgrade �, requires high strength/stability to reduce deflection and fadgue of the bituminous/base system. The wheel load intensity dissipates through the subgrade such that the high level of soil stability is usually not needed below i about 2' to 4' (depending on the anticipated traffic and underlying soil conditions). This is the primary reason i; for specifying a higher level of compaction within the upper subgrade zone versus the lower portion. Moderate compaction is usually desired below the upper critical zone, primarily to avoid settlements/sags of , the roadway. However, if the soils present below the upper 3' subgrade zone are unstable, attempts to �� properly compact the upper 3' zone to the lU0% level may be difficult or not possible. Therefore, control `'� of moisture just below the 3' level may be needed to provide a non-yieldin base u on which to com act the g P P . upper subgrade soils. �• Long-term pavement performance is dependent on the soil subgrade drainage and frost characteristics. Poor to moderate draining soils tend to be susceptible to frost heave and subsequent weakening upon thaw. This (� condition can result in irregular frost movements and "popouts, ", as well as an accelerated softening of the � subgrade. Frost problems become more pronounced when the subgrade is layered with soils of varying permeability. In this situarion, the free-draining soils provide a pathway and reservoir for water inf'�ltrarion s• which exaggerates the movements. The placement of a well drained sand subbase layer as the top of subgrade � can min;m;�e trapped water, smooth frost movements and significandy reduce subgrade softening. In wet, layered and/or poor drainage situations, the long-term performance gain should be significant. If a sand z subbase is placed, we recommend it be a"Select Granular Borrow" which meets MnDOT Specification �1 3149.2B. _ PREPARATION Subgrade preparation should include stripping surficial vegetation and organic soils. Where the exposed soils ��- are within the upper "critical" subgrade zone (generally 21k' deep for "auto only" areas and 3' deep for "heavy duty" areas), they should be evaluated for stability. Excavation equipment may make such areas ' obvious due to deflection and rutting patterns. Final evaluation of soils within the critical subgrade zone ,_ should be done by test rolling with heavy rubber-tired construction equipment, such as a loaded dump iruck. Soils which rut or deflect 1" or more under the test roll should he corrected by either subcutting and replacement; or by scarification, drying, and recompacrion. Reworked soils and new fill should be compacted � per the "Specified Density Method" oudined in MnDOT Specification 2105.3F1. Subgrade preparation scheduling can be an important consideration. Fall and Spring seasons usually have � r unfavorable weather for soil drying. Stabilizing non-sand subgrades during these seasons may be difficult, and attempts often result in compromising the pavement quality.: Where construcrion scheduling requires subgrade preparation during these times, the use of a sand subbase becomes even more beneficial for � constructability reasons. � SUBGRADE DRAINAGE If a sand subbase layer is used, it should be provided with a means of subsurface drainage to prevent water build-up. This can be in the form of draintile lines which tap into storm sewer systems, or oudets into ditches. Where sand subbase layers include su�cient sloping, and water can migrate to lower areas, draintile � lines can be limited to fmger drains at the catch basins. Even if a sand layer is not placed, strategically placed �, draintile lines can aid in improving pavement gerformance. This would be most important in areas where adjacent non-paved azeas slope towards the pavement. Perimeter edge drains can aid in intercepting water � which may infiltrate below the pavement. APPENDIX A Soil Boring Location Sketch (Figure 1) Subsurface Boring Logs (#1 to #9) Boring Log Notes Classification of Soils for Engineering Purposes Soil Identification and Description � C.�' �..m" C..-� � s .�'-: C�'-.' �--..." r--' � -�-- � .�;----- � �; --, ---- - - � ' _ �,., TM, � m n rur m�„-, ,. � ; � -. ,..., ,., i.. ,., i .. Ncan+ . ......,. ., ... . ... . ... ....: �� .. :. .... ... :,.....: :... : . . :.:. . :. ...:...:.. .:. . : :. :.......... ... � � . :.AM�ItTC�S:I�I'��:> .::..::::.... . >:::::. ��:i��i�i�i��:iiu�: �.� .. :. ��:.:°�:>:...:. ��` �� ... � ;;:T�STTI�G;�;:YNC:>� �: .. . . ... . : :... .: .. .... . . ... ..::.: . .:;.. . ... ..�.'..., . . � .. ... ... � . . .......... ... . , ,. rRo.�ECT SUB.rECT SCALE shown IVY FALLS SOUTH HOUSING DEVELOPMENT Mendota Heiglits, Minnesota Soil Boring Location Sketch DRAWN BY MPM aET JOB NO. 95-1447 DATE 5-31-95 CHECKED BY PAGE ]KV Fi ure 1 I S AMr;K.IC;AN �,.I j ENGINEERING SUBSURFACE BORING LOG 1'ESTING, INC. ' C_J AET JOB NO: 95-1�% LOG OF BORING NO. 1(p. 1 Of 1) �rxo�cT: IVY FALLS SOUTH HOUSING DEVELOPMENT; MENDOTA HTS, MN D IN SURFACE ELEVATION: 903.2 GEOLOGY N MC S'�MP� �C• �'D & LABORATORY TEST FEET MATERIAL DESCRIPTION �E IN' WC DEN LL PL 9'0-200 �� ; �' Lean clay with raots, black, soft (CL) 2 M SS 24 1 TOPSOIL I Z Lean clay, brown, soft (CL) FINE* l; 7 M SS 18 3 Sand with a Iitt1e gravel, fine to medium ��; �: COARSE (� 4 grained, light brown, moist, loose to medium �'� .: �,I,UVN dense (SP) ' ��, 5 21 M SS 1 s 6 7 � ? 15 M SS 18 s 9 Silty sand with a little gravel, fine grained, reddish brown, moist, medium dense, lenses 10 of sand at about 10' 13 M SS 20 �� 11 � 12 13 M SS 18 13 . : � TILL �k� 14 15 Clayey sand with a little gravel, reddish 16 M SS 18 brown, very stiff, a lens of sand with gravel at � 16 about 15' (SC) 17 � 18 ., 19 Sand, fine grained, light brown, moist, �:�•: COARSE �� 20 �`�.: AI,LUVI 11 M SS 16 medium dense (SP) 21 �D OF BORING � � *ALL DEP'fH: DRILLING METHOD WATER LEVEL MEASUREMENTS 1.(p�; gEFER TO �� DATE TIIv1E S�'�D CASING CAVE—IN DRILLING WATER �E ATTACHED � 0-19.5' 3.25" HSA DEPTH DEPTH DEPTH FLUID LEVEL LEVEL 4/18/95 3:09 Z1.0 19.5 19.5 NONE SHEETS FOR AN � 4/18/95 3:12 21.0 NONE 8.7 NpNE ��ATI01 BORING TERMINOLOGY ON COtvtPLET'ED: 4/18/95 THIS LOG cc: LB CA: JF x� : 27R � 4/90 0 t 1 � ;3� � L; ti1V1Di[1l.tiLV , ENGINEERING TESTTNG, INC. r SUBSURFACE BORING LOG AET JOB NO: 95-1�^J LOG OF BORING NO. Z(p. 1 Of 1) Pxo.�c�r: IVY FALLS SOUTZi HOUSING DEVELOPMENT; MENDOTA HTS, NIN D IN SURFACE ELEDATION: 871•4 GEOLOGY N MC SAMPLE REC. FIELD & LABORATORY TEST FEET MATERIAL DESCRIPTTON �E �• WC DEN LL PL %-200 1 3 M SS 4 Lean clay with some roots, black, soft (CL) TOPSOIL a 3 2 M SS 9 Lean clay, dark brown, soft (CL) 4 FINE ' ALLU 5 Lean clay, brown mottled, soft (CL) 3 M SS 14 6 .I.W � Clayey sand with a little gravel, brown and :� MIXED �$ gray mottled, stiff, a few lenses of silty sand '• : pI,L 15 W SS 15 and sand (SC) 9 • Sand with silt and gravel, some cobbles, ' lo medium to fine grained, brown, moist to wet, 15 /W SS 10 medium dense (SP-SM) � 11 12 � :�•: COARSE — : �: ALL 13 9 W SS 14 Sand with silt and a little gravel, medium la grained, brown, waterbearing, loose to medium dense (SP-S1Vn 15 11 SS 24 16 Clayey sand with a little gravel, brown, stiff .�•" TILL (SC) END OF BORING DEPTH: DRII.LING METHOD WATER LEVEL MEASUREMIIdTS NOTE: REFER TO � n DATE TIIvIE SDEPTH DAEPTfi DEPTH FLUIDLING WLE EL THE ATTACHED 0-14.5 3.25 HSA 4/19/95 9:30 14.0 12.0 12.0 11.3 SHEETS FOR AN . 4/19/95 9:40 16.5 14.5 16.5 12.5 �P�ATION OF Co Pi�n: 4/19/95 4/19/95 9:45 16.5 NOIVE 9.0 NONE TERMINOLOGY ON CC: LB CA: KS Ri : 27R THIS LOG 4/90 , ti1Vlt,itll,t�1V � � j ENGINEERING ' ' SUBSURFACE BORING LOG TFSTING, INC. • ; � . �' AET JOB NO: 9Jr-l�r% LOG OF BORING NO. 3(p. 1 of 1) PRo�cT: IVY FALLS SOU'I'�i HOUSING DEVELOPMENT; MENDOTA HTS, MN i�'' FIELD & LABORATORY TEST: D� SURFACE II.EVATION: 889•4 GEOLOGY N MC S. �EE IN�• FEET MATERIAL DESCRIPTION WC DEN LL PL 9'0-200 ; �; 1 2 M SS 12 Lean clay with some roots, black, soft (CL) TOPSOIL �J 2 3 3 M SS 14 � 4 Lean clay, dazk brown, soft (CL) --� ' FINE ;� . 5 Lean clay, brown mottled, very soft (CL) ALL 1 W SS 11 '��' 6 � •7 $ 16 M SS 13 �: 9 Sand with silt and gravel, a few cobbles, �� : COARSE medium to fine grained, brown, moist to �=': ALLUVI lo waterbearing, medium dense (SP-SM) 22 M SS 14 � ii �� 12 � t3 14 /M SS 15 � � 14 Clayey sand with a little gravel, brown, stiff �SC� �• • � TII..L 15 12 M SS 24 � 16 b END OF BORING � Water level may rise to ahout 12', based on „ appearance of samples. �� _ _ DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO ' � n DATE TIIvIE SD�EPTH� DE TH DEPTH FLUID LING W�L THE ATTACHED 0-14.5 3.25 HSA 4/19/95 10:33 13.5 12.0 13.4 13.5 SHEETS FOR AN 4/19/95 10:40 16.5 14.5 16.0 NONE ��ATIat � coM i�n: 4/19/95 4/19/95 10:46 16.5 NONE 9.3 � NONE TERMINOLOGY ON CC: LB CA: KS Rig: 27R THIS LOG � 4/90 �. . � � e � !•llV1�K11.L31V � ENGINEERING TESTTNG, INC. �� SUBSURFACE BORING LOG AET JOB NO: 9S-I��I LOG OF BORING NO. 4(P. 1 Of 1) PRo�cT: IVY FALLS SOUTH HOUSING DEVELOPMENT; MENDOTA HTS, MN FIELD & LABORATORY TEST D IN SURFACE ELEVATION: 887•8 GEOLOGY N MC S. �E INC FEET MATERIAL DESCRIP'TION WC DEN LL PL %-200 1 2 M SS 12 2 Lean clay with some roots, black, soft to very TOPSOIL � So�c (cL) .s w ss a 3 4 g Lean clay, brown and gray mottled, soft (CL) FINE �, 3 w ss i4 _ 6 w �rw 6 � � - 8 i6 w ss i3 Gravelly silty sand, medium grained, dazk brown, wet, medium dense (SM) '� �: COARSE 9 : •: ALLUVI ' 10 . , 11 W SS 9 11 12 Sand with silt and gravel, medium grained, brown, waterbearing, loose (SP-SM) . 9 /M SS 14 13 Clayey sand with a little gravel, brown, sriff to �.:�,L 14 very sriff, some lenses of waterbearing sand (SC) 15 17 SS 8 16 END OF BORING DEPTH: DRII.LING METIiOD WATER LEVEL MEASUREMENTS NOTE: REFER TO � �� DATE TIIv1E S�p�� DEPT�H DEPTH F Li D LLEVEL LEAVTEEL THE ATTACHID 0-14.5 3.25 HSA 4/19/95 11:12 6.0 6.0 6.0 5.4 SHEETS FOR AN 4/19/95 11:40 16.0 14.5 15.8 13.7 ��ATION OF co�LETED: 4/19/95 4/19/95 12:00 16.0 NONE 9.8 2,p "j'ERMINOLOGY ON CC: LB CA: KS xi : 27R THIS LOG 4/90 t-urii,tu�.�u � ( . � j ENGINEERING TESTING, INC. SUBSURFACE BORING LOG , f�-1 � � �-� AET JOB NO: 95-1�% LOG OF BORING NO. Jr (p. 1 of 1) rxo�cT: IVY FALLS SOUTH HOUSING DEVELOPMENT; MENDOTA I3TS, MN � FIELD & LABORATORY TEST� D IN SURFACE ELEVATION: 890•7 GEOLOGY N MC SAMPLE REC. FEET MATERIAL DESCRIPTTON T�E �• WC DEN LL PL %-20f �•, �; Lean clay with roots, black, soft (CL) TOPSOIL 4 M SS 12 ' 1 r- 2 l� �� Lean clay, dazk brown to brown, soft (CL) FINE 3 M SS 9 �.. 3 ALL �: 4 5 13 M SS 5 �z�; " '� 6 Sand with silt and a little gravel, a few cobbles, medium grained, brown, moist to �1 � wet, medium dense to loose (SP-SM) '':.: COARSE ' E 8 :':�: ALL 10 SS 3 C' 9 � � . to Sand with silt and a little gravel, fine grained, 13 W SS 10 �a brown, waterbearing, medium dense r� 11 (SP-SM) 12 �� 13 Clayey sand with a little gravel, a few 8 M SS 18 cobbles, reddish brown, medium (SC) :�� 'TII,L 14 (High N-value likely due to cobbles) f� 15 0/5 SS 4 ,.� END OF BORING , ..J � �� i DEPTH: DRII.LING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO DATE TIME SAMPLED CASING CAVE-IN DRII.LING WATER � ATTACHED �M 0-14.5' 3.25° HSA DEPTH DEPTH DEP'TH FLUID LEVEL " SHEETS FOR AN 5/16/95 10:15 11.0 9.5 9.7 9.6 a 5/16/95 10:26 16.0 14.5 14.5 NONE ��AT1or � Box�rG 5/16/95 10:32 16.0 NONE 3.0 NONE TERMINOLOGY ON co�L�n: 5/16/95 CC: VD CA: KS Ri : 27 THIS LOG ��: 4/90 ruvtl.tu�.�t � j ENGINEERING 1'ESTING, INC. �� SUBSURFACE BORING LOG AET JOB NO: 9�-1��% LOG OF BORING NO. 6(p. 1 of 1) PRo�cT: IVY FALLS 50UTH HOUSING DEVELOPMENT; MENDOTA HTS, MN D IN SURFACE ELEVATION: 901.8 GEOLOGY N MC Sp'Mp� �C• �� ORATORY TEST FEET MATERL�L DESCRII'T'ION T�E IN. WC DEN LL PL 90-200 Lean clay with roots, dark brown, medium TOPSOIL 5 M SS 12 1 (CL) (may he fill) OR FILL 2 9 M SS 3 3 Sand with silt and a little gravel, a few cobbles, medium to fine grained, brown, 4 moist, loose to medium dense (SP-SM) 5 `�: �: COARSE 13 M SS 5 �'�=�: ALLUVIU 6 � Sand with silt and gravel, possibly some cobbles, medium grained, brown, moist, 17 M SS 12 8 medium dense, a few lenses of silty sand (SP-SM) 9 10 Silty sand with a little gravel, a few cobbles, 12 M SS : 16 reddish brown, moist, medium dense (SM) ii • : TILL 12 13 Clayey sand with a little gravel, brown, sriff 9 M SS 20 (SC) 14 15 Sand, fine to medium grained, brown, moist, :�� COARSE loose (SP) �: � ALLU 8 M SS 14 16 END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO DATE '1'Il�fE SAMPLED CASING CAVE-IN DRILLING WATER �E ATTACHED 0-14.5' 3.25" HSA DEPTH DEPTH DEPTH FLUID LEVE LEVEL 5/16/95 11:14 16.0 14.5 15.8 NONE SHEETS FOR AN 5/16/95 11:20 16.0 NONE 7.2 • NONE ��ATION OF BORING TERMINOLOGY ON coivrnL�n: 5/16/95 CC: VD CA: KS Ri : 27 TIiIS LOG 4/40 � AM�K.L(:AN ; ; � ENGINEERING SUBSURFACE BORING LOG TESTING, ING r � - . �' AET JOB NO: 9Jr-1�% LOG OF BORING NO. %(p. 1 of 1) t Pxo�cT: IVY FALLS SOUTH HOUSING DEVELOPMENT; MENDOTA HTS, MN 1�, ! D� SURFACE ELEVATION: 8S0•5 GEOLOGY N MC SAMPLE REC. �LD & LABORATORY TE: FEET MATERIAL DESCRIP'TION �E IN' WC DEN LL PL %—� Lean clay with roots, dazk brown, soft (CL) TOPSOIL ` 1 FINE 3 M SS 10 �, Lean clay, brown, soft (CL) �-L � 2 � 9 M SS 11 3 t; 4 �, s 5 18 M SS 9 ;�� 6 Sand with silt and a little gravel, a few '='�: COARSE cobbles, medium to fine grained, brown, =': ALL moist to waterbearing, medium dense � j � (SP-SM) . � 24 M SS 13 s ' 9 �4:i l0 14 W SS 14 �y 11 * � ? 12 = �' � 18 M SS 17 13 Clayey sand with a little gravel, a few �.': �L cobbles, reddish brown, very stiff, a few t4 lenses of waterbearing sand (SC) �...; 15 16 /W SS 16 �' 16 : END OF BORING � *Water level may rise to about 9', based on appearance of samples. � � DEPTfi: DRILLING METHOD � 0-14.5' 3.25' � BORING Co�L�n: 5/1 CC: VD CA: KS � 4/90 27 wA�x i,Ev�, �a,suxn�rrTs DATE .l.IME SAMPLED CASING CAVE—IN DRIL DEPTH DEPTH DEPTTi FLUID 5/16/95 12:38 13.5 12.0 12.3 5/16/95 12:45 16.0 14.5 14.2 5/16/95 12:50 16.0 NONE 6.9 NOTE: REFER TO W'u'�R THE ATTACHED LEVEL 11.9 SHEETS FOR A*' 13.2 ��ATIor NONE TERMINOLOGY ON THIS LOG l� � �_i �� L#� �. L-11V1�i\Ll.tilV / ENGINEERING TESTING, INC. �� SUBSURFACE BORING LOG AET JOB NO: 95-1�^% LOG OF BORING NO. g(p. 1 of 1) PROJECT: IVY FALLS SOIITH HOUSING DEVELOPMENT; MENDOTA HTS, MN D IN SURFACE ELEVATION: 880•8 GEOLOGY � MC SAMPLE REC. �'D & LABORATORY TEST FEET MATERIAL DESCRIPTTON T�E IN' WC DEN LL PL `Y-200 1 Lean clay with roots, dark brown, medium TOPSOIL 5 M SS 7 (CL) (may be fill) OR FILL 2 Sand with a little gravel, a few cobbles, light .: :� COARSE 13 M SS 2 3 brown, moist, medium dense (SP) :;: �,LW 4 5 Silty sand with a little gravel, reddish brown, 14 M SS 14 moist, medium dense, a few lenses of sand . 6 (SM) � TII..L ' Sandy lean clay with a little gravel, possibly g some cobbles, brown, stiff (CL) 13 M SS 16 9 . io Clayey sand with a little gravel, reddish 14 M SS 22 brown, stiff (SC) �� 12 13 Sand with a little gravel, fine to medium 14 M SS 13 grained, brown, moist, medium dense, few �:•� COARSE 14 lenses of silty sand (SP) ��'� �WI 15 Clayey sand with a little gravel, brown, stiff :�: ,I,�L 12 M SS 20 16 (SC/SM) END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO � n DATE TIME S�P'TH DAEP'CH DEPTH FLi D LEVE L VEL THE ATTACHED 0-14.5 3.25 ASA 5/16/95 1:35 16.0 14.5 15.3 NONE SHEETS FOR AN 5/16/95 1:40 16.0 NONE 9.9 NONE ��ATION OF COM�PLETED: 5/16/95 TERMIl`10LQGY ON CC: VD CA: KS Ri : 27 TFiIS LOG 4/90 L'�1V1L1�11.L"�1V ( } � ENGINEERING �JgsURFACE BORING LOG � TFSTING, INC. � �� . l� AET JOB NO: 9Jr-1�% LOG OF BORING NO. 9(p. 1 of 1) �, Pxo�c�r: IVY FALLS SOiTTH HOUSING DEVELOPMENT; MENDOTA HTS, MN � f� FIELD & LABORATORY TEST: D IN H SURFACE ELEVATION: g69.3 GEOLOGY N MC SAMPLE REC. FEET MATERIAL DESCRIPTION �E IN• V✓C DEN LL PL Y6-200 i �; 1 3 M SS 16 ; 2 Lean clay with roots, black, soft (CL) TOPSOIL ' 4 M SS 12 3 �_._ I� 4 t� S Lean clay, brown and gray mottled, soft (CL) FINE ;�5 �L� 2 M SS 12 6 `-t 7 . � Silty sand with gravel, medium to fine E. 8 grained, brown, wet, medium dense (SM) '� •: COARSE 12 W SS 6 : ALLUVN � 9 . l0 20 M SS 3 �? ii � 12 FINE �-g ALLU � 13 �� clay with sand and a little gravel, OR TILL 12 M SS 10 grayish brown, very stiff to stiff (CL) 14 �'"� 15 10 M SS 20 � 16 �, � 17 � 18 19 .'' TILL �N Clayey sand with a little gravel, brown, stiff �; zo (SC) 11 M SS 22 � 21 END OF BORING _ DEPTH: DRII.LING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO � SAMPLED CASING CAVE-IN DRILLIIJG WATER �� 0-19.5' 3.25° HSA DATE TIME DEPTfi DEPTH DEPTH FLUID L ��, '�E ATTACHED 5/16/95 2:31 21.0 19.5 20.9 NONE SHEETS FOR AN � Il 5/16/95 2:40 21.Q NONE 5.1 NONE EXPLANATIOr TERMINOLOGY ON ' + o�i�: 5/16/95 CC: VD CA: KS Ri : 27 THIS LOG � 4/90 � BORING LOG NOTES DRII..L7NG AND SAMPLING SY.IVIBOLS �:7 Symbol Def'uution B,H,N: BX: AC: CA: CAS: CC: COT: DC: DM: DS: FA: HA: � HSA: JW: � MC: N (BP�: �� NQ: ^Q: .tD: � REC: � REV: SS: � TW: � WASH: � WAT: WH: � WR: 94 mm: � ' � � Size of IIush joint casing BX double tube core baael At completion of boring Crew assistaat Pipe casing, number indicates nominal diameter ia iaches Crew chief C'lean-out hibe Drive casing; mimber indicates diameter in Drilling mud or bentonite slurry Disturbed sample from auger flights Flight auger; number indic�te.s outsida diameter ia inches Hand auger; number iadic�te.s outside diameter Hollow-stem auger; mimber indicates inside diameter in iaches Jetting water Columa used to descnbe moisture condition of samples and for the ground water level symbol Standard penehation resistance (N-value) ia blows per foot (see notes) NQ wireline core barrel PQ wireline core barrel Rotary drilling with fluid and roller or drag bit Ia split-spooa (seo notes) and thin-walled tube samPling. the re�overed Iength (in inches) df sample. Ia rock coring, the length of core recovered (expressed as percent of the total core run). Zero indicates no sample recovered. Revert drilling fluid Staadard split-spoon sampler (ste�I; 1'/a" is inside diameter; 2" outside diameter); unless indicated otheiwise Thia walled tube; number iadicates inside diameter in inches Sample of material obtain�d by screening returning rotary dn7ling fluid or by which has coll� inside the borehol� after "falling" through, drilling fluid Water Sampler advanced by static weight of dn'll rod and 140-pound hammer Sampler advanced by static weight of dn'll rod 94 millimeter wireline core barrel Water level indicated in boring Y ll `l7►il: • Symbol Def'inition CONS: One-dimensional consolidation test DEN: Dry density, pcf �n: Hya�� y� LI.: Liquid li.mit, % PERM: Coefficient of permeab�ity (� test; F- Field; L - Laboratory PL: Plastic limit, % qp: Pocket penetrometer streagth, tsf q,: Static cone bearing pressnre, tsf qa: Unconfined compressive strength, psf R Electrical resistivity, ohm�ms RQD: Rock Quality Designator in P�t �aSb're� length of core pieces 4" or mora ia length as a perceat of total core r�m) SA: Sieve analysis VS: Vaae shear strength (fiel�, psf WC: Water content, as percent of dry weight 200: Percent of material finer thaa #200 sieve MOISTQRE/FROST CONDI�TON (MC COLIJMN) D Dry M Moist W Wet/Waterbearing F Frozen �•'� • • ��Z�� The standardpeaetration test consists of driving the sampler with a 140-pouadhammer and couating the number of blows applied in each of three 6" iacrements of penetcation. If the sampler is driven less than I8" (usually in highly resistant material), petmitted ia ASTM:D1586, the blows for each complete 6" increment and for each partial iacrement is oa tho borin� log. For partial increments, the numi�r of blows is shown over a slash (n and th� partial peaetration less than 6" is shown taking a split-spooa sample of material to the nearest inch below the slash. The length of sample recovered, as showa on the "REC" column, may be greater than the distance indicated in the N column. The disparity is because the N value is recorded below the initial6" set (unless partial penetratioa defined ia ASTM:D1586 is eacountered) whereas the le�gth of sample recovered is for the entire sampler drive. AMEItICAN ENGINEERING TESTIlVG, INC. 7 � � 6.�i � CLASS#FiCAT10N OF SC}#!.S F4R ENGINEERING PU�tPOSES ASTM Designation: D 248? {8ased on Uniiiect Soii Ciass�ca#ion Systetn� Aa't�IER1CAN Et'�iG�VI'sE�tING T'EST]NG, INC. � sa� c:rassi�nra��ros► Criteria for Assigninq Group Symbols and Group Namea Using Laboratory %st�' Greup Group Name3 Symool Coarse-Grainea Soils Gravels C(ean Graveis Cu�a and 1�Cc�3� GW Well graded gtavef�` More than �U46 retained on Maro Usan 50% coarsa less than 59fi fines� Na. 200 sieve iractian retained on Cu<a andtoa� t>Ccr3g CP Foarty graded grave� No. a sieve Gravels with Rne= Finat classity as Mt, or MH GM Si►ty gravel^�'' A4CtC ttlan S$46 ifAe3� Fines classily as CL or CN GC ClaYpll S�vel'`�' samts ctean saitas cwys a,tc t�cc�a� sw welt�graand sanc' 504b or mare at coarse Less than 39b fines° traction passes No. Cu.e6 and/or t>CcT3� SP Poarty graded sana� 4 gj� Sands with Fines Rrtes classify as 1A1, cr MH SM Sitty sand�� Maire Ufan t2% finesn' F'mas cfassiiy as CL � Cfi SC Ctayey sanaax.r Fne�Grained Soiis Sqb and Ctays inorganic PI>7 ar�d pbb an or above Cl lean cla�ur 589b cr motbr passes the Ciquid �mit tess tAan S� "A"' 6naJ No. 2Q0 sieve PIt4 ot pb# below "A" MI. S�t� iine�' organic Liqui<f limk - aven dried�.� Ol Organic dayx�N i,iquid Cmit -+tot Qried Organic sitt'�'�O S�ts and Gtays Encrgarsic Pt ptots aa or above ..x.. Iine Ctt Fat cfay'�L.0 Liquid rmit SO w mwe P! p4oa below "A" line MH Etasric silC«.0 arganic Liquid limit - aven driect -0.75 tis{uid timit • not dried OH Orqanic day��•u�P Qrganic siiY�u+.o Highty organic sals Primari3y arganic matter. dark in calw: arso aryanic odar ?T Peat �9asee � che matrrisi psssissg sne 3+n. (75.rant sit+ra. s {p�t= ��8 � awt in tucehed area. sa! is a CL^�AL `Cu � 0 10 CC � �it RetC samW� eorttainsd eooWa ot boul�a�ts. or qotn. add �o ro D, o si7 �Y• •'with c�oblu ar boulders. or botn" to groua name. r0 w '�If sal eontatrr� 15 ro 2996 Ptus Na 200. ao0 '�rinh aarw.. �Gravois +v�tts 5 to 22% fiisas +a4ta+e dua! symbok� �tt saf amsains?�tS% sati0. aed '�xiqt sstq" W grotb or "with grrnt." wnKRwet ia pnc7anirtan� 4w-GM w�tPgraoeq qravN v�nm s�tt nams. 4t soi� comainsZ�".i P1vs +% 200. P�nantty sand. Gw-GC wMitjradetl qravM ww� day �tf finw dasm�y as C4Mt» wa Cwl symool GC-GIw. a a0d "sandy.. to to group nams. GF-GM fwor3Y 9�� 4� wttls sk SCSM. '�tt soi coMattu�4b pw.s Na 200. P�inantly G?GC p�ony gr�tl�ea 9rav++ wn+► WY �it finp ars o�garac. aad "rwi� orgaruc tuws" to graua 9n�• �"9�Y.. ,fl 4►�+o rtun�. �SanOa widt S t0 1296 74nd ror:li�+s dual 3ymbd.'K namR �t anO Pbri an ot aCw� "A" GM. SWSM wail�gra0atl sanG wit!► st# !!! soi cati�rrs?�15Mr grav�i. a0G "w�tlf grsvN" t0 qtau0 �PI.c4 at Oiofs b�qrt •'A•• tGs�. SWSC wr�t�qradW sand widt daY nart�s. • �a! C� an w aowe "A ftn� SP•SM qoorty qradM sand witl� � �F�t plon b�Ww .•A" tlne. S?SC c7t�orsY 4+�� Y sIHVE ANA4.YSIS � SC7tttw_�» � =�EYt 1'10, i 1 S tY� t!: � a t0 ZO W SQ {�O 2p0 t00 . ��•' ( � { I ! `I Q '� � ��'��.. r r .��.� , E � s� I f � � �� i it ; i i O..�aSaw � j 4 Q s'a� t� i i� � I I I ��s �� 1 � ! � qp i � I I# i { M o..-r.s�,. ; � � w i;��ll►� �li I W a '� + � � � ( � � ( � � � o.. o.ora ol' ' f I� I I I i�,� w �o a �.o xs a�a ?ARTlCLE 5tZE tN MILUhiETEAS o�„ �e „(o,.' tz.si` �v' � a-�-zou te ,�,�.a.."ao ,� 'e.s H � so�is. d £¢uctron c! A -lins_ `�,k Hareiaerat os PI-4 to 1L-25.5. �. � r w then PI�QT3lU.-20) z � £qwsiiott of �U'-Iicst � � vetsita! ot C1=16 toPIsT / G ?' thea PIYQ.9(LL-81 ,'� F- ,� v / a 20 �' �� r c�` � n. �i Gv io + � ML.� 0!. OQ tlGt2i0 t�.ltr1lT ttLl Term Boulders Cobbles Gravel Saad Fines (silt & clay) GEtv�RAL T�R�VOLOGY NOTES FOR SOIL IDENTgTCATION AND DESCRIPTION GRAIN SIZE ASTM Over 12" 3" to 12" #4 sieve to 3" #200 to #4 sieve pass #200 sieve AASATO Over 3" #10 sieve to 3" #200 to #10 sieve Pass #200 sieve rONSISTENCY OF PLAS'TIC SOILS Term Very Soft Soft Medium Stiff Very Sciff Hard N-Value. BPF less than 2 2-4 5-8 9-I5 16-30 Greater than 30 FIBER CONTENT OF PEAT fASTM D442'n Term Fiber Content �sual Estimate) Fibric Greater thaa 67 �O Hemic 33-67 95 Sapric Less thaa 33 � GRAVEL PERCENTAGES T� A Little Gravel With Gravel Gtavelly Percent 3 `�0-159'0 I5 %-30 � 30 %-50 % RELATTVE DENSITY OF NON PLASTIC SO�S Term Very Loose Loose Medium Dense Dense Very Dense N-Value. BPF 0� 5-10 11-30 31-�0 Greater than 50 ORGAiVIC DESCRIPTION (ASTM D24881 Non peat soils are described as organic, if soil is judged to have sufficient organic content to influence the soil properties. LAYERING NOTES Laminations - Layers less than 1/2" thick of differing material or coIor Lenses - Pockets or layers greater than�ll2" thick of differing material or color AMF1tICAN ENGINEERING TESTING, ING - CITY OF MENDOTA HIIGHTS � • June 2, 1995 TO: : Mayor, City Council and City A t -� FROM: Kevin Batchelder, Administrative Assi.�� SUB7ECT: Case No. 95-02 - City of Mendota Heights - Fire Code in Industrial District Zoning Ordi.nance Amendment DISCUSSION: Fire Marshal Paul Kaiser has requested that the city amend the Zoning Ordinance to prohibit the use of wood fiame construction (T�pe � in all "B" and "I" zoning districts. Mr. Kaiser is proposing that Section 4.17, Industrial zones be amended to add a paragraph requiring all buildings in the "B" and °I° zones to be built with 7�pe III construction (please see attached Ordinance Amendment). The Planning Commission conducted a public heari.ng at their May meeting. There was no general consensus on the appropriateness of this regulation. (Please see May 23, 1995 Planning Commission Minutes). Mr. Frank Dukee, representing United Properties, attended to speak in opposition to this proposal. On behalf of United Properties, Mr. Dukee feels this regulation may limit United Properties ability to attract service industries to their business that might build a one story wovd frame building, such as a restaurant or convenience/retail. .. • � �:� �� • _ The Planning Commission voted 7-0 to close the public hearing. The Planning Commission voted 4-3, (nays, Betlej, Koll, and Tilsen) to recommend that the City Council add the following language to Section 4.17(3) of the Zoning Ordinance: � • All buildings within the B and I Zoning Districts shall he of steel, reinforced concrete, T�pe III construction, masonry construction, or aa equivalent or r better. No building shall be constructed of T�rpe V construction. ACTION REOUIRED: If Council desires to implement the recommendation they should pass a motion adopting Ordinance No. , an Ordinance amending Ordinance No. 401. Attachments , �• CITY OF MENDOTA HEIGHTS DAKOTA COUNTY,IIRINNESOTA ORDINANCE NO. _ AN ORDINANCE AMENDING ORDINANCE NO. 401 The City Council of the City of Mendota. H�ights does hereby ordain as follows: SECTION 1 Ordinance No. 401 known and referred to as "Mendota Heights Zoning Ordinance" is hereby amended in the following respects: Section 4.17(3)j should be added to 4.17(3) - Building Design and Construction to read as follows: 4.17(3)j All buildings withia the B and I Zoning Districts shall be of steel, reinforced concrete, Type III construction, masonry construction, or an equivalent or better. No building shall be constructed of Type V construction. SECTION 2 This Ordinaace shall be in full force and effect from and after its publication according to law. Enacted and ordained into an Ordinance this Sixth day of 7une, 1995. ATTPST: By Kathleen M. Swanson, City Clerk CITY COUNCII. CITY OF MENDOTA HIIGHTS By Charles E. Mertensotto, Mayor f CITY OF MENDOTA HEIGHTS MEMO TO: Planning Commission May 18, 1995 FROM: James E. Danielson, Public Works Directo � Kevin Batchelder, Administrative Assista SUBJECT: Case No. 95-02: City of Mendota Heights - Fire Code in Industrial District Zoning Ordinance Amendment DISCUSSION At the February 1995 meeting, the Planning Commission reviewed a request from Fire Marshal Paul Kaiser to amend the City's Zoning Ordinance to not allow wood from construction within the City's Industrial Zoning District. The Planning Commission forwarded to the City Council for their review and comments and authorization to conduct a public hearing. The City Council reviewed the request and had no comments and they authorized the public hearing, however, that hearing has been delayed to the May meeting because of the unavailability of Fire Marshal Kaiser. � Fire Marshal Kaiser will attend the meeting and be prepared to give a short presentation on the request and then answer questions. � ACTION REQUIRED Conduct a public hearing to consider an amendment to Section 4.17 of the Zoning Ordinance that would prohibit the use of wood frame construction within the City's fndustrial Zoning District and make a recommendation to the City Council. JED/KLB:kkb 95-02FIR.PC � v + CITY OF MENDOTA HEIGHTS . NOTICE OF HEAR.ING May 3, 1995 _ TO WHOM IT MAY CONCERN: A NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 8:30 o'clock P.M., or as soon as possible thereafter, on Tuesday, May 23, 1995, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider amending Section 4.17(3) of Zoning Ordinance No. 401 to add language as follows: 1. Al1 buildings within the B and I Zoning Districts shall be of steel, reinforced concrete. Type III construction, masonry construction, or an equivalent or better. No building shall be constructed of Type V construction. This notice is pursuant to City of Mendota Heights Zoning Ordinance No. 401. Such persons as desire to be heard with reference to the proposed Zoning Ordinance Amendments will be heard at this meeting. Rathleen M. Swanson City Clerk Auxiliary aids for disabled persons are available upon request at least 120 houra in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administrator at•452- 1850. ' CITY OF MENDOTA HEIGHTS � • March 3, 2995 T0: Ma.yor, City Council and City Administra o FROM: James F. Danielson, Public Works Kevin Batchelder, Administrative �► � .!' • _.. � Jri SUBJPCT: Zoning Ordinance Amendment - Building Construction Requirements in Indus�rial and Business Zone D�SCUSSION Paul Kaiser, Fire Mar�hal, ha� reque�ted that the Planning Commission and City Council consider a change to the Zoning Ordinance that woul.d upgrade the requirements for structural materials and constructian far a31 bui.ldings in the "B n and ° I° Zoning Districts. Mr. Kaiser is concerned abaut wood frame construction for commercial and industrial. buildings, such as the recently built Heritage Inn. (Please see attached P1.anner`s Report ) . Mr. Kaiser. i� proposing �.hat Section 4.17, General Requirements'for the Busine�s and Indu�trial Zones be a�tended ta add a paragraph requiring all buildings a.n the "B ° and "I ° zones to be built with Type III construction. Basicall�, Type I�I construct i� st�eel reinforeed, concre�e, masonry or an equivalen� or better. The Planning' Commissa.on felt this was an appropriate change. United Properties has submi�,ted a letter in opposition to �.his praposed requirement. United Properties feels that f�.re and building codes provide adequate fire safety protectian and �hat this revision to the Zoning Ordinance may limit �he land uses. (Please see attached letter from Mr. Dale Glowa). • t �:,� • � • The Planning Commis�ion vo�ed unanimously {7-0} ta forward a draft of the Zoning Ordinance Amendment to City Council for comment. The recommendation also requests �.hat City� Counci� order a public hearing for �.he March 28, 1995 Planning Commis�ion meeting, as required for all Zoning �rdinance Amendments. ACTION RE4IIIRED Consider the draft Amendment to Section 4.17 of the Zoning Ordinance and provide any comments or direction to the Planning Commission. If the Council desires to implement the recommendation of the Planning Commission, they should pass a motion to order a public hearing for March 28, 1995 to consider this Zoning Ordinance Amendment. • � = JED/KLB:kkb Q2'l22/95 10:0� `$8I2 337 56Q1 PLAN1�iI[�?+G REP(?RT A�"PLTCANT: ACITC3N REC�iTESTF�: i i � , • j M r DSU. INC. -+-►-► I�ENDOT:� HTS QI402 tHr,pt t•Gs�a ern CC�NSULTING PLANiQERS LnNi�sCnP� :�RCHITLCTG 30� TiR5T AVENUf NC�K'('H SUl'1'k� 2I0 MINNEAPC.jLIS, MN ;5a01 612•339-33Q0 PLA�tiT1�tIl�TG COIYSIDERATIONS ° Background Fehivary 28, 1995 Paut M. Kaiser, City of I�eaxlata �%igirts F'sre Mat�shall . . Zoning Te�rt Amensime,aii/Buz�ding Cons�cudioa R�equircments in Indus�niai and • Busiaess Zones '• � L • 1 f ! ; I��endataSeightsF'sreM�t�all, Paul�i;zuse� %as be� wn�ecned about th�type ofwood +cc�nstiuction #hat has takea place witit #he :E�itage Ina aad Courtyard Mateis. These are built out of Type �T ma�cials which i� p;riman7y wood const�uchon and evea with sAxinktin� pre� a. grea#.�r fue ha�zard than sr.eel aad cancrc,t�e or masonry cv�.�huctian. All ofthc other'sndus�risl and busiaess Uuiidings bu�t by Unitcd Praperties have been bw1# with more fire grcx+f tyge aonskuctian such as TyFe �. Ta order ta assurc f,uture buitdings are �uilt to fire safety standazds more applicablc to the desires af thz City's Fir� I7epartment, thc fallawing tc�t is bei,ng proposed for amendm�nt to thc Gene�sl Performance Section of the City Zoning Ordinance. The Gity of Btoost�in.gtan also has simiiar phrasing in their Zc►ning Ordinance� to coutral bw�id'u�g types withia ccrtain zones. 7,oning �ectian 4, i7 the fixenecal Ret�urc,,m�nnts for the Business and Industrial Zon,cs and Subsection (3) covers the building design and constructian within #hose zaning distric�s. The t�ext ameadmen� is propvsed to be inserted into that section UNt'TED PI�OPER7IES DEVEIQPME�lT CO�VtPANY February 28, 1995 Mr. Kevin Batchelder City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: PROPOSED ORDINANCE CHANGE Dear Kevin: We are in receipt of the proposed zoning amendment as it relates to building co�struction requireme�ts in the industrial and business zones. It is unlikely that United Properties will have a representative present tonight at the Planning Commission meeting, thereiore we felt it imperative to submit this letter expressing our concems for the proposed changes. We share the City's concern for fire safety within +ts commun'rty. However, we believe that the elimination of Type V materials is unnecessary. It seems to us that suitable fire protection featuces currently exist making wood structure buildings safe. We assume that the City will continue to allow apartment complexes to be devefoped within its community which must meet minimum fiire protection standards. Aren't the standards similar for certain low-rise moteUhote! projec#s, restaurants, and smalt retail st�ip shopping centers? United Properties' ooncern is that you are unnecessarily impacting the Mendota Heights Business Park sites that are likely to be developed with commercial prope�ties. This timits our ability to ma�ket fand and attract desirable businesses to Mendota Heights. We respectfully request ihat the proposed ordinance changes be rejected and instead, rely on the fire codes as it relates to specific construction types. We thank you for your consideration of our opinions. Ve ruly yours, Dale J. Clowa Senior Vice President D.lGlktb � � �.*��;, � 4.16(2) Plans far�and sewer systems af 6MCAR Sec. Standards for 4Q) . installation of private on-site sanitary shall be in compla.ance with the provisions 4.8040, Minnesota Po3.lution Gontral Agency Individual Sewage Treatment Systems (WPC- 4.17 GENERAL REQIIIREMENTS FOR AI:L teB�i • AND �i2z• ZONING DISTRICTS - , �• 4.17(Ij AlI applioations fo�r building permits sha13. be submitted for City Cauncil appraval and shall�.comply with the provisions of Section 19.4 of this t�rdirtance. 4,17 (1} a Where building permit appl.ications for interior work on existing structures located in the "B" and "I" Zoning Districts are applied for� the Code Enfarcement Officer shail issue building permits upan compliance with local codes and ordinances. � 4.17(2) � 4.17 (3) On a corner lot each side abutting a public street shall be treated as a front yard. . Bui2dinq Desi.qa and Construction In addition to meeting the other reguirements of this � Ordinance and the requirements of the City Building Code as to structures,�all buildings or structure� in this district shall meet the follawing standards: � 4.37{3}a Buildings shall be finished an all sides with permanent finished materials.af a quality consistent with the standards set in the district in which it is located. E�erior wa1Z surfaces shall be any one or more af the following: l. Face briak or natural stone. 2. Professional].y .designed pre--cast concrete units if the surfaces have been integrally treated with an applied decorative material or� t�xture, ar decorative block if incorporated in a building design which is compatible with other development throus�hout the district.� � 3. Factory fabrioated and finished metal framed madular panel constructian, if the panel materials are any of thase listed in 1 or 2 above, glass, prefinished metal {ather than unpainted galvanized ironj or plastic used in accordance with the building code requirements. 4. No building exterior shall be constructed of sheet al.uminum, asbestos, iron, steel, or carrugated aluminum. (40I} 29 � 4.17(3)b Subsequent additions and other buildings or structures constructed after the erection of original building or structure shall be constructed of materials comparable in quality and appearance to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance. . 4.17(3)c All trash and trash handling equipment shall be ,stored = within the principal structure or within an attached structure accessible from within the principal structure. 4.17(3jd 4.17(3)e Design and maintenance of off-street parking and loading areas shall be in accordance with Section 21 of this Ordinance. , Garages, accessory structures, screen walls, and exposed areas of retaining walls shall be of a similar type, quality and apgearance as the principal structure. 4.17.(3)f Al1 ground level and rooftop mechanical utilities shall be completely screened with one or more of the materials used in the construction of the principal structure. Where practicable, rooftop screening shall be accomplished through the use of parapet walls. 4.17(3)g 4.17(3)h There shall be no outdoor storage of either materials or products, except through the issuance of a conditional use permit. All structures shall be compatible with other structures in the area. . < � � � � � � � � � � � 4.17(3)i The light from automobile headlights and other sources � shall be screened whenever it may be directed onto � ' adjacent residential windows. 4.17(4) 4.17(4)a 4.17(4)b (401) 30 � Landscat�e Plan Requirement Landscape plans prepared by a registered landscape architect shall be submitted as part of the application for building permit or site plan approval. Landscape plans shall be drawn to a scale of not less than one inch equals 50 feet and shall include the following information: Boundary lines of the property with accurate dimensions; Locations of existing and proposed buildings, parking lots, roads and other improvements; � � � _ � � � 1. Buitding tJificials and Cade Admin':strators internationat. {nc., Ghicago, IiCinois. 2. Southerr� Building Code Congress, Birminghamf Alabama. 3. �' International�'Conference of Building Officials� Whittier� California. 4. Nationat Fire Protection Association� Quincy. Massachusetts. . Code Clarification: Since some fire service personnel may not be familiar with tlie brief de- :scriptians of construction types given, the foilovtiring, more detaiEed expEanations are provided. . 9. Fire Resistixe . A totally.non-�cornbustible building in which no structural steel is expased and ail vertical openings are p�otected by appraved doars, The fire resistant covering of the steel is typicaily very heavy; poured concrete. brick, concrete btock, �or similar materiat. j, ...�'...�,�'�:, f . . . . . . . tVON COMBUSTtB�.E: coHca�r� o� PROTECTED STEE� THFit3tJGFlOUT (2 HR.j ` w5� 3. Protec#ed Non-combustibte A totally non-combustible building in which no structural steel is expased. All� verticai openings are protected by approved doors. The fire-resisiant covering af the steel is typically light: gypsum boardr sprayed fire resistive covering, rated ceilings, and similar materials. NON COMBUSTiBLE: _ I ,''r� . � _ CONCREiE OR PROTEGTED STEEI. THROUGFiOUT (1 HR.) � t 5. Pro#ec#ed C?rdinary The laad-bearing wails are masonry. Columns are pratected by a fire-resistive covering. The underside of a11 wood #laar a�d roof decks is protected by a fire-resistive coating. � COMBUS7tBLE: � �'' �.�/ 93 PRC37EC'fED WOOD ROOFS At�iO �LQORS (1 HR.j EXTERlQR WALLS OF SUBSTAtVT1A! MASONRY � 2. Heavy Timber ,�; A ty�aicai miii-canstructed buitding in which #he ioad-bearing waiis or cotu�rins are masonry �or heavy #imber and atl exposed waod members have a minirnum dimension of� two (2) . . incties. if steet or iron coiumns are used, they shoutci be protected by a fire-r�'sistance enclosure. p ` • ' COMBUSTIBLE .,2 r,�,' ;Y.!; ;:f ti � 0 S1'AUCTURAL MEMBERS OF SUBSTAt�iT1A� TIMBER CONSTRUCTION EXTERIOR WALI, �� SUBSTANT1Ai. MASONRY QR TIMBER 1 � � 7. Protected Wood Frame , Walls, floars and roof structure ar wood framing. The interior wall and ceiling surfaces of , habitab(e spaces are•pra#ected by a fire resistive covering. A brick veneer buitdir�g fatls in this ' - ' category because the wali structure is woad framed. But far any wood frame building if the basemen# does not have a fire-resistive ceiling protecting the underside of the first floor� the buiiding shouid be ciassified in the "unprotected wood'frame" categary. coMeusT�e�.E: , woao RaaF. WALLS AND �'t,OQRS PROTECTEO BY 1/2" GYPSUM BOARD £XTERtOR WALt BRtCK VENEER OVER WOOD 8. Unprotected Wood Frarr�e Wails, floors and roof structure are waod framing. There is no fire-resistive covering protecting #he wood frame. A typical residential gar�ge would fall in this category. COMBUSTIBLE: n� . EXPOSED WOOD TiiRQUGHOUT :' s, . �?., , � `'. :��. - w.;; i: : 1�.;: P�,, � :� r � Q.t� 3h. V �• . ' T..� .. TABLE N0. 5-C�BASIC ALLOWABLE FLOOR AREA FOR BUILDINGS ONE STORY.IN HEIGHT� �For mulHstory tiuildings, see SecNon 505 (b). �For limiudons uid exapdons, sa Section 602 (a). . �Fa open patking garages, see Sectian 709. N—No rcquirements [or fire resistance •See Sxtion 903. F.R.—�ro Resistive 3Sa Section 1002 (b). H.T.—Heavy Timber 6For agricultural buildings, see also Appendix Chapter 11. �For limitaUons and exaptions, sa Section 1202 (b). aIn hospitnls and nursing homes, see Section 1002 (a) for exception. i eo m � m 0 3 0 z � � Police investigate armed robbery Richfield police are investi- gating an armed robbery report- ed April'6 behind Grace Church, 7101 Nicollet Ave. According to a police report, two suspects atole $800 and shoes valued at $100 from the victim, who was riding in one suspect's car. The victim was picked up by one of the suspects at the 7500 block of Lyndale with the under- standing he would buy vehicle rims fromthe suspect, according to the report. A second suspect drove up be- hind and got into the first vehi- cle. Both suspects then drew handguns and robbed the vic- tim, the report states. � , gollce pro dumpster Three dumpsters were re- ported ablaze Apri19 at Wendy's restaurant, 6500 Lyndale Ave. Police and fire iighters ar-, rived on the scene at about 3:14 a.m. Fires in the three west-side dumpster had spread to an over- hang on the restaurant. Damage to the overhang wa estimated at $500. Police are investigating th incident as a suspected arson. lvunneapous man killed in accident A Minneapolis man was killed April 9 in a multi-vehicle accident on Interstate 35W in Richf`ield. � Terrance Lee Johnson, 40, PUBLIC SAFETY was pronounced dead at the scene near ?Oth Street at about 1:35 a.m. He was traveling northbound on the I-35W when the accident occurred. Johnson lived at the 3300 block of Bryant Ave. S. This is the second traf�ic fa- tality to occur in the city of ftich- field this year. No further details were avail- able at press time. Dispute� at work leads to stabbing A dispute between two co- workers at an Eden Prairie busi- ness resulted in a stabbing inci- dent Apri112: Eden Prairie police arrested a 25-year-old ftichfield woman on suspicion of first-degree assault at GN Netcom Inc., 7688 Execu- tive Drive in Eden Prairie. According to the report� the female suspect allegedly at- tacked a 33-year-old male cq- worker with a serrated knife and stabbed him in the forearm. The two apparently had been arguing about a money issue, the report said. The victim was taken to Fairview Southdale and treated. Police are continuing their'in- vestigation. Charges will be pur- sued through•the Hennepin County Attorne�s off`ice. The following reporta were made by the Richfield Police De- partment the week of April b. Thefts • A $4,000 vehicle was re- ported stolen April 6 while parked at the 90U block of 77th Street. ' • About $1,000 in damage . was done to a vehicle door a�dy steering column in an attempted �ar theft reported Apri16 at the 2200 block of 74th Street. • A car stereo and other items valued at $1,505 were reported stolen April 7 from a vehicle at the 7600 block of Knox Avenue. The vehicle door and dash sus- tained about $425 in damage. • Items valued at $1,000 were reported atolen April 8� from a vacant house at the 6400 block of Standish Avenue. • Bucket seats valued at $1,600 were reported stolen April 9 from a vehicle at Rich- �� field/Bloomington Honda, 400� 78th Street. A$200 vehicle win- dow was broken to gain entry. Burglaries � • A bicycle was reported stolen April 8 in a burglary at the 100 block of 68th Street. It was believed recovered by police. • Nothing was stolen in an at- tempted burglary reported April 11 at the 6500 block of 1st Av- enue. The victim discovered the suspect hiding and told him to leave, which the suspect did. • Itema valued at $571 were reported stolen April ll in a bur- glary at a residence of the ?700. block of Penn Avenue. Other � � • A man was arrested for ag- gravated assault Apri18 for cut- ting an acquaintance's hand with a knife at the 7500 block�of Cedar Avenue. Also reported were four threats, three incidents of ha- rassment, five casea of driving while intoxicated and 19 thefts of items and cash no more than $100. � . ......__.____...�..........d..:�:;�..'R=.�._�. . our nwunow �u�r.,urreuvrrwiie�any, Hpnl �`+ 1y95 7A NORTH MET�O Lanascapiag Inc. 33IONAL DE9ICiN dc LANDBCAPE 8EP.VICES � Your outdaor environment is importan� rofessional staf� assist you in developing your ideal landscape. Onr Str.icea inclnde: • Retaining Walla • Crcative Plantings • Paver Patio dc Walkways • Outdabr lighting • IrtigaHoa Systems • A qitality landscape is a sound Lweshn¢nt tlwt enhances the ualue of yau� home 49?-4898 . Se►vuig.tlie ent[re metro azea • ' a er s 1 s t . . : ��in �`eason � � O � en�� ouse�! � � �aturday,�pril22, 9 am. - 6 p.m. Free rekeshments, free tours of the growing areas: Bring the kids! � GREENHOUSES A grouing aadidon �nce 1901 6024 Penn Ave. S. • Minneapolis : M-F 9-8 �$at. 9-b � Sun.10-5 �v/hile suoi �` CITY OF MENDOTA HEIGHTS MEMO June 2, 1995 TO: Mayor and City Council FROM: Tom Lawell, City Administ SUBJECT: Mendota Plaza/ Dodd Road Improvements DISCUSSION On April 18th and May 16th, the City Council discussed with repre- sentatives of Paster Enterprises and Mendota Plaza Associates a number of proposed improvements to the shopping center, and a related request for tax increment financial assistance. The need for tax increment assistance is based on public safety concerns related to the ingress and egress to the property from Dodd Road, the need for additional site lighting, and the inadequate stormwater management situation which currently exists in and around the property. Additionally, the City has expressed a desire to upgrade the aesthetic condition of the property, primarily through the installation of additional landscaping. Based on the Council's previous discussions, the attached draft Contract for Private Development has been prepared by City Attorney Tom Hart for your further review and consideration. Specific concerns added and/or clarified in the agreement since our last meeting include the following: 1) Project Costs- In support of the City desired improvements, it is proposed that the City reimburse Mendota Plaza Associates the lesser of the following amounts: a) 5200,000, b) Fifty percent of the Site Lighting costs plus 100% of the Stormwater costs plus 100% of Dodd Road right hand turn lane costs, c) Fifiry percent of the total project cost. 2) Transfer of Ownership- Mendota Plaza Associates would be subject to a pay-back provision should they choose to sell the shopping center within five years. The City would receive back a pro-rata share of the initial 5200,000 payment as determined by a declining daily amortization schedule. G f 3) Landscapin4- In response to Council concerns, Mendota Plaza Associates has agreed to allocate a sum of $34,000 to install landscaping acceptable to the City. A specific landscape plan will be developed in the coming weeks and will be submitted to the Council _ for final approval. 4) Certification of Need- In response to Council concerns, attached please find an opinion issued by the accounting firm of Lurie, Besikof, Lapidus and Co. stating that the cash flow of the shopping center will not support a cash expenditure of 5400,000. 5) Truck Access/Parking= Mendota Plaza Associates has agreed to establish designated truck access and parking restrictions which will serve to preserve the infrastructure improvements being made to the property. 6) Impact on Existing Tenants- As suggested by Council, Mendota Plaza Associates has agreed that the rental rates for existing tenants of the shopping center will not be adversely impacted by the proposed capital improvement expenditures. . , Additional issues which have been discussed by the City and represen- tatives of the shopping center are summarized in the attached letters between Mr. Paster and myself. Mr. Paster and others involved in the proposed project will be present at Tuesday's Council meeting to answer additional questions you may have. ACTION REQUIRED Review the revised Contract for Private Development as prepared by Attorney Hart, and offer any other suggested additions, deletions, and revisions. Should the Contract be acceptable, a motion should be made to approve the Contract for Private Development and authorize the Mayor and City Clerk to execute the document on behalf of the City. � Description 1. Cons#ruction of S#orrn Sewer B.1.: 2,3,4,5,6,7, O=9t � 1J} 1 � � � G.� i �� .7� 2��21 �22�23�24�25� 26,2?,28,29,30, 3i,32,33 and Engineering Fees of $28,383.00 a Mabilization 2. Cans#ruc#iar� af Parking Lo# B.f.: 13,14,15,16 and Engineering Fees of $'t 5,26i.00 a Mobilizatian 3. Site Lighting 4. Right Tum �ane on Dodd Raad 5. �andscaping B.I. 17 Excess of Eligible Cosis Budgeted Contributions EXHtBiT B Cost Distribution 0 Prajected Mendota Mali Eligibie City Costs Costs Costs $i 75,353 $0 $175,353 $142,441 $4,000 $36,000 E� $142,441 $4,000 $18,000 $23,280 $Q $34,000 $0 $421,074 $164,441 $56,633 $221,Q74 $6,000 $0 $4 $18,000 $23,2$0 $34,000 $256,633 ($56,633� $2QO,OOQ MAY-31-1995 17�42 PASTER ENTERPRISES 612 646 1389 P.02iO3r � � DEYELOP'MF1�I'r AND MANAGEMENT OF SHOPPiNG CENTERS Z227 UaivaaityAve, • St Pan� MN 55114-]6?7 � 612-6dG-7901 • Faa 6i2-646�1389 May 31, 'I 995 Mr. Thomas Lawell ��,�, p� City Manager - 4s�a�ca►uva��.x.�. City of Mendota Heights Mumcapolis. Minnesot�a 1 l01 Victoria Curve Mendota Heights, MN 55118 CRYSTAL SHOPPING CENfER Bus Lakc Road � Vfieat Broodway t�y�tal. Mi�mrsota DODDWAY SHOPFING CFNiER Dodd Rond & Bernard Saeec webc sz Paui, Minaesou FARMINGTON MAI.L 5. Hwy. SO & S. Hwy. 3 Farmingtan. Mi:mr�ota LEXII�GTON PLAZA SHOPPES I.exi�g�n & I.a�Cte� Rosev�De, Mmnesou MENDO'PA PLAZA Sta�c Hyy.11Q d'c Dodd Rond Mcndota Hcighu. Mirmesota MOUNDSVl�V SQUARE Hwy,10 dc Long L.a1ae Road Mounds Yiew. Mirmesota NORTHWAY SHOPPING CENTER Statc Hwy. 23 dt Woodland G�cic Pmcs, Mumcsota SIBLEY PLAZA West 7th Saeet St Paul, Miimcsota SOUTFIvIEW SHOPPING CENTER South�iew BI�+d. dc 12th Sar.et South St, Pav1. Minncsota Re: Mendota Plaza Redevelopment Project Dear Tom: After our meeting this morning with you, Jim Danielson, Larry Shaughnessy, and City Attorney, Tom Hart; and John Streeter, mysetf and our attorney, George H. F�isch, ! met with Mayor Mertensotto. At the direction of the group, 1 discussed the items left unresolved from our meeting. The folEowing represents the Mayor's direction on the unsolved items: 1) Project Cost: a) a} c) d) The cost will be established at a minimum of �400,000. The City's portion witl be S 200,000 or one-half of the pro- ject's cost, whichever is less. Mendota Plaza Associates will be responsible #or any project costs over the amour�t of $400,000. If the project costs less than $400,000 the City and Mendota Plaza Associates will split the savings equally. 2) Specifications; a} Mendota Piaza Associates and the City agree upon the project including plans and specifications independent of cost. "Whatever it takes to get the job done on time." The costs will be verified by a sworn construction state- ment. �MAY-31-1995 17�42 PASTER ENTERPRISES 612 646 1389 P.03iO3 3j Progress Payments: a} The City will make monthiy progress payments with dual payee of Mendota Plaza Associates and contractor(s�. 4) Transfer of Shopping Center Ownersfiip: a) If the shopping center is sold within five {5) years of the project's completion, the City will receive a pro-rata payback of the 5200,000. The pro-rata share due will be an amount determined by a declining amottitation that is reduced over a 5 year term on a per diem basis after project compietion. The project is for the safety of the community by improved lighting, storm water engineering, improved ingress and egress from Dodd Road, and general improved aesthetics for ihe community. I hope this answers the questions that were raised earlier today. As always, if you have any questions, or would like to discuss this further, please call me. Very truly yours, PASTER ENTERPRISES . clward J, Paster Chief Executive Offic EJP/jlf cc: Mayor Charles Mertensotto, via fax T1"ITl11 I"1 1'?7 C ity o� .�, � , � - 1Viendota Heights June 2, 1995 � VIA FACSIMILE- ORtGINAL TO -FOLLOW Mr. Edward J. Paster Paster Enterprises �� 2227 University Avenue St. Paul, MN 55114 Dear M ster: Thank you for your May 31, 1995 letter wherein you summarize the outcome of your recent meeting with Mayor Mertensotto. Upon receipt of your letter. Mayor Mertensotto, City Attorney Hart and I discussed the items listed in the letter and Mayor Mertensotto asked that I communicate to you the following: 1) Project Costs- As suggested by Attorney Hart, the draft Contract for Private Development, which will be considered by the City Council on June 6th, will indicate that the City will reimburse Mendota Plaza Associates for the lesser of the following: a) $200,000, b) Fifty percent bf the Site Lighting costs plus 100% of the Stormwater costs plus 100% of Dodd Road right hand turn lane costs, c) Fifty percent of the total .project cost. Tfiis language appears consisten# wi#h items 1 a) through 1 d) in your letter. 2) Specifications- The Mayor indicates that he is interested in seeing � that this project is "first class", and that it correct the previously identified public safety concerns related to traffic and stormwater management. In addition, the overall aesthetics of the Plaza must be improved. Paster Enterprises should be prepared to spend "whatever it takes to get the job done pursuant to the Council approved plans and specifications which constitute the project". 3) Progress Pavments- The Mayor wishes to stay consistent with the previous City practice of providing tax increment assistance in the form of "reimbursement" payments only. The Contract for Private Development, which will be considered by the City Council on June 6th, will indicate that the City will reimburse Mendota Plaza Associates in two installments: a) Upon submission of the first — $100,000 payment request for City eligible costs as supported by a sworn construction statement and appropriate lien waivers, 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850 Mr. Edward J. Paster June 2, 1995 Page 2 and b) The balance upon completion of the project as supported by _ _ another sworn constructior� statement a�d appropriate tien. waivers. � At ail times Mendota Plaza Associates must provide evidence . acceptab[e to the City that adequate private ftrnds exist to comptete . the agreed upon improvements. Payments will be made to Mendota Piaza Associates without need for a dual payee provision. 4} Transfer o# Shoeping Center Ownership- �anguage as stated in your letter is acceptable. � Other issues which the Mayor suggested ! communicate to you inctude the fottow`rng: 1) in keeping with the goal to substantially improve th� aesthetic conditian of the Plaza, ali light standards on the property shoutd be of a consistent design and quality. To mix old light sta�dards with newer more decorative standards woutd not achieve this cansistency. 2} As stated by you at a recent City Council meeting, the rental rates for existing Mendota Plaza tenants will not be adv�;rsely impacted by the proposed capital ':mpcovements. �anguage to this effect s�iould be included in the draft Cantract for Private Deveiopment. 3) The project should include the addition of concrete curbing along the edges of all biacktop surfaces. Thi� inc[udes the southerty parking . lot/ service land located to the rear of the Plaza. � Thank you for the opportunity to further elabocate on the above identi#ied issues. Shou[d you have questions or addifional comments, ptease tet me know. Sincereiy, • �� . � Ia l , �� : ,r► o' � Tom Lawell City Administrator cc: Mayar and City Council City Attorney Tom Hart LITRIE, BESIKOF, LAPIDIJS 8C CO., P. L.L.P. CERTIFIED PUBLIC ACCOUNTANTS MARSHALL J. BESIKOF� CPA NEIL N. LAPIDUS, CPA JOEL A- LEBEWIT2, CPA FARLEY S. KAUFMANN� CPA LEE SUDIT, CPA HAL 8. GENSLER, CPA MARK E. 21ESSMAN, CPA JEFFREY W. STARBIRD, CPA TIMOTHY B. SCHMIDT, CPA MARSHALL R. LEHMAN, CPA BETH KIEFFER LEONARD,CPA BRUCE I. WALLER� CPA DAVID L.LURIE�CPA W�LL�AM A. KAMMAN, CPA PAUL SERBER, CPA NORMAN ORENSTEIN, CPA BERTRAM L. CHE2, CPA DAVID S. EIGER, CPA 1922-1994 May 31, 1995 2501 WqYZATA BOULEVARD - MINNEAPOLIS, MINNESOTA 55405-2197 TELEPHONE 612-377-4404 TELECOPIER 612-377- 1325 Mr. Charles Mertensotto Mayor, City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55120 MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBL�C ACCOUNTANTS OIV�SION FOR CPA FIRMS SEC PRACTICE SECTION PRIVATE COMPANIES PRACTICE SECTION CPA ASSOCIATES INTERNATIONAL� INC. WITH AFFILIATED FIRMS IN PRINCIPAL U.S. AND INTERNATIONAI CITIES e Re: Proposed Contract for Private Development Between the City of Mendota Heights and Mendota Plaza Associates Dear Mayor Mertensotto: Please be advised that we are the accountants for Mendota Plaza Associates and prepare its annual tax returns. We are, therefore, knowledgeable of the financial operations and condition of Mendota Plaza Associates�. We are of the opinion that based on this knowledge, the shopping center will not support a cash expenditure of $400,000 for improvements. Sincerely, LURIE, BESIKOF, LAPIDUS & CO., P.L.L.P. Certified Public Accountants _�,��.�, ��,� ,�- Marshall J. Besikof, C.P.A. MJB:cl WINTHROP�WEINSTINE �INTHROP�WEINSTINE Page 2 Job 750 Jun-02 Fri 15:3Q 1990 �� .��. ��,�� CONTR.ACT FOIt PRIVATE D�VELOPMENT by and between The City of Mendota Heights and Mendqta Matl Assoc:iates June , 1995 WINTHROP�WEINSTINE WINTHROP&WEINSTINE Page 3 Job 750 Jun-02 Fri 15:30 1990 � ARTICLB I. DEFINITiUNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Sectionl.l. Defcnitions,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2 ARTTCLE II. REP ENTATION V� FS . . . . . . . . . . . . . . . . . . . 4 Socti,on 2.1. Representations �y the CitX . . . . . . . . . . . . . . . . . . . . . . . . . . 4 a. Sta�us of City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 b. o in with w ............................4 c. Warran Devel Pro .................4 Section 2.2. Re re. n tions v nts W rr�ntics b thc Developer ...,. 4 a. Good S��nding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 b. A horit .....................................4 c. Consents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 d. No Violation � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 e. T.,.� ........................................5 f. Com li n e with w . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 g. Ener onservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 h. Permits and Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 i. �ost of Project provements . . . . . . . . . . . . . . . . . . . . . . . . 5 j• Necessity �f Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 k. Hazardous GVaste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 1. Matcrials Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 m. No Environmenta! Piviceedin�s . . . . . . . . . . . . . . . . . . . . . . . 6 n. a Enviro mental Li i . . . . . . . . . . . . . . . . . . . . . . . . . . . ( o. .N� Req«ired Testin� . . . . . . . . . . . . . . . . . . . . . . . . . . . • - - 6 p �'ayment of Pro' Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 q. Re ian � . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 6 r. Sun!ival ......................................6 ARTICLB III. 3JN'DERT.AICINGS OF CITY AND DSVEL(}PER . . . . . . . . . . . . . . . 7 Section 3.1. Rein�h��ble Cost� . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . � Section 3.2. �blic Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 3.3. ndit'o i ' Reimb nt Obli ation . . . . . . . . . . . . . 7 ARTICLE IV. CUNSTRUCTIO�T OF PROJECT IlV�R4VFMFNTS . . . . . . . . . . . . . S Section 4.1. Construction of PrQject Imp��emenEs . . . . . . . . . . . . . . . . . . . 8 Secbioa 4.2. ��nstn�ction Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 a. Approva] of ConstnicXian Plans . . . . . . . . . . . . . . . . . . . . . . . g b. Changgs in Plan� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 c. Effcct of C�J�PPro�� . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 4.3. m letion f ction . . . . . . . . . . . . . . . . . . . . . . . . . . 9 -i- WINTHROP&WEINSTINE WIN7HROP&WEINSTINE Page 4 Job 750 Jun-02 Fri 15:31 199q Section 4.4. a. b. Section 4.5. a. � b. c. d. Com�letion Qf Project I'mptnvements . . . . . . . . . . . . . . . . . . . . 9 Nacifccatio� af Cit�r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Natice _of Defec� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Additic�nal Resno�sibiliti�s of Devetoncr . . . . . . . . . . . . . . . . . 10 aintenance of Fublic Fasements . . . . . . . . . . . . . . . . . . . . . IO Utilit.v Instali�iott . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : IO R air af Pu�Iic FaciIi�igs . , . . . . . . . . . . . . . . . . . . . . . . . 10 Landscapin�„ Wan�anties . . . . . . . . . . . . . . . . . . . . . . . . . . . I O �r�c� v. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � a Section S.I. �u 'ng velopmen� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 a. Genc l Liabili . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IO b. Warkcr's Comnensaxiar� . . . . . . . . . . . . . . . . . . . . . . . . . . . I0 Se#ioa 5.2. Oth�r Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE VI. REIMBURSEMFNT TQ„�,�UP(7N ASSIGNMENT AND �R'RANSFER ......................................11 Se�ctio� 6. I. Benefirs af Tax Increment Financing Assist.�ncc ............ l l Sec�%n 6.2. Pro-ratcd Reimburscment o:f Tax Inc�mcnt Financin Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 6.3. Lien on Protacrtv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ! 1 Secti.oa 6.4. Cessation of City dbliea___ tir�ns . . . . . . . . . . . . . . . . . . . . . . . . l 1 Section 6.5. No Restriction on Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 6.6. Permitted Financing,;,, Intr�-Family Tra»sfers . . . . . . . . . . . . . . 11 Se�tian 6.'7. Na Assi�,nm�nc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTTCLE VII. EVEI�'TS +OF DEFAULT: RF.MF�IIFS . . . . . . . . . . . . . . . . . . . . . Sedion 7.1. Event of Dcfault . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a. Failure of Tirne� CompleEi� . . . . . . .. . _ . . . , . . . . . . . . . . b. Breach of Develsp,�r„Qbli�ations . . . . . . . . . . . . . . . . . . . . . C. B1iliCNjjCCY OP D�Y610�'C . . . . . . . . . . . . . . . . . . . . . . . . . . Seq�ion 7.2. R�mcdies on Defanit . � . . . . . . . . . . . . . . . . . . . . . . . . . . . . a. �gc.,, ns,�n of Perfi�rmartc� . . . . . . . . . . . . . . . . . . . . . . . . b. Tctmination of A ment . . . . . . . . . . . . . . . . . . . . . . . . . c. Suit fc�r Damag� . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . Section 7.3. Na Reme{iy Bxclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . Se�tiva 7.4. No Additi�nal Waiver In�v�f� E}y On� Waivc'r . . . . . . . . . . . . . AR'I`ICLE V]II. ADI?ITIC>NAL PROVI��NS . . . . . . . . . . . . . . . . . . . . . . . . . . Section 8.3. Conflict of interests' Cj�y R�oresanta�ives Not Intiividt�a]lv Liablc...................................... Sedion 8.2. Nc�n-Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . SeGtion $.3. F�1 Emvloymen� O�gc►mzni�y . . . . . . . . . . . . . . . . . . . . . . �. Em,�,�yecs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. A vertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. c�ntract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 8.4. Truck Parkin� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -II- !2 12 12 I2 12 l� 12 12 12 13 13 � 13 I :i 13 13 14 }q 14 WINTHROP&WEINSTINE WINTHROP&WEINSTINE Page 5 Job 750 Jun-02 Fri 15:31 1'990 ' Sectton 8.5. Provision ed Wi . . . . . . . . . . . . . . . . . . . , Section 8.6. Titles of Articles and Se�tion� . . . . . . . . . . . . . . . . . . . . . . , Saction 8.7. �iotices and Demancis . . . . . . . . . . . . . . . . . . . . . . . . . . . � a. Develo�cr . . .. ... ....... . . . . . . . . . . . . . . .. . . . . b. �ixy ...................................... Section 8.8. �ndemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , a. Releasc of Citv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. e nifi i . . . . . . . . . . . . . . . . . . . . . � . . . . . . C. �2eimbufse[Iient Of CostS . . . . . . . . . . . . . . . . . . . . . . . . . . . d. �I�.ardous Waste Indemnity . . . . . . . . . . . . . . . . . . . . . . . . e. �'�x Increment Indemnitv , , , , , , , , , , , , , , , , , , , , , , , , , , f. Reduction in State Aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sxtion 8.9. Covenants of Principal, , , , , , , , , , , , , , , , , , , , , , , , , , , , Section 5.10. ��verning Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SeCd�n 8.11. Time is of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 8.12. C�unte�art� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 8.13. Interpretation and Sevcrabilitv . . . . . . . . . . . . . . . . . . . . . . . Section8.14. Succsso andA i ........................... Secti4n 8.15. �Vfcxiiticatian/Entire A men� . . . . . . . . . . . . . . . . . . . . . . 14 14 14 14 15 15 15 15 15 15 16 I6 16 16 16 16 lb 16 17 WiNTHRQP��EINSTINE WZNTH�OP�WEINSTINE Page 6125 Job 750 Jun-02 Fri 15:31 1990 CON'I'RACT FUR PRIVATE DEVFJAI�MENT THIS COrtTRACT FO�t PRIVATE DEVEI,Q�fi�NT ("AGRFF�vtENT"), macie on or as of the _____, da,y of Junc, 1995, by and between THE CITY nF MFNDUTA HE�GHTS (thc "City"}, a statutory city of thc State of Miar�esota, having its prin�ipal c��ficcs at 1 t01 Victoria Curve, Mendota kIeights, Minnes+ata 55118 and MENDC?TA MALI� ASSOCIATES, a Minnesota partaership {the "Dcvelc��r"}, with its principal afFice at 2227 Univ�rsi[y Avenue, St. Paui, Minriesota 55114-1677. WITNESSETH; WHF.�tEAS, pursuant tc� the Muaicipal Development Districts Acc, MinnesarQ Statures, Chapter 2'73, as amcnderl and �codifed (the "Act"�, the City Cot�ncil of the City (tlic "Council") is authori�eci to establish develt�pment districts in �rdcc to }�mvide for thc develppment anci rcdcvelopment af the City; and � W�,REAS, pursvant to the Minnesota Tax Increment Financing Act, Miruiesara Stuttue.s, Sections 469.174 et. seq, {the "Taac �ncr�n�e�nt Act"�, as a�nenclecl, the Co�ncil is authc�rized to finance the capital and administration cxrsts of a development c�istrict with iax increm�nt revenues derived fmm a tax increment f nancing district est,ablished within st�cli dcvelopment district; and Wi3EF:FA�, the Cvunci! adopted ihe Develogment Program {tl�c "Development Pla�") c�n May 5, 1981 creatin,�: Devclopment District Number 1(the "Dev�iop,u�:nt bistrict") pursuani tc� the A�t; and WIi�' t 5, in connecEion with the Deveiopment Plan thc Cc�uncil l�as esta�tisheti a taac increment finaricing district pursuant to the Tax Inerement Act (the "Tax Incrcment Dis�ric�"); and 'Ut�IiF�5, #he City bciieves that the dev�lopment of the DevelapmeF�t T3istrict pt�rsuant tc� tt�is Agreement, $nd fulfillment generdlly af the terms of this Agrwmcnt, are in the best intcrests of ihe City aod thc heatth, safety, morais ar�d welfare of its r��iclents, aad in �c,�ord with th� public purposes and provisians af applicable fedetal, state and local laws under whicli thc Developsttent Plan is beiag undertaken and assisted; NOW, TSEREFURF, in consideration of the faregoing �rerr�ises anci thc mutuaT prc�mises, representations and andertakings aF th� parties hereto, each �f thern dc�cs hereby covenant and agrce with the ather as faltows: -1- WINTNROP&WEINSTINE wINTHROP�WEINSTINE Page 7l25 Job 750 Jun-02 Fri 15.32 1�90 ARTICLE I. Sectlon 1.1. xleiinitions. Whcn used in this Agreement the fa]Iowin�; terms shall l�ave the mea.nings spe�ifie� in this Article I. Fach definitioa or proncsun. t�crcin sliali �e deemed to ref�r to the singular or plural as the context requires. "Act"' me�as the Municipal Dcvelopment Districts Act, Miruiesolc� S��zrutes, Chapt�r 273 as amended aad mcc�dif:ed. "Actual Rnowledge" means, with respect to any re��senta.tion madc ��erein, the awareness c�f facts or infom�ation, c,r the absence af facts ar infarmation, by a natural perscan, or, i�i ttxe cas� 4f a legal entity, any �fficcr of such entity. For putposes of this A�reement, Accual Knt�w]ecige shall inc2ude any facts discovcrable by any perso�t in th� exercise c�f re�svnable diIigenee. rrClt}� �I$+' Pajrlll@[lt�r means thc amount payabl� by the City to thc Dcvelc�per pursuai�t to Sectian 3.I h�reof. "Construct�+on �'lans" means the plans, spec�cations, dcawings �nd t]c�c:umettts relatcd t� i�ie Development Phroperty and the construction work to be perfornied by the Devclaper crn the Develapmeat Froperty in cc�nnection with the Project Improvements, all of which shall bc subject to appmv2�] by the City, and wl�ich shall include withaut limitation all dr�rwings, illustrations and other anistie r�endcrings of the Project. "County" means thc Cour►cy vf Dakota, State of Minaesota. '7}eyeiopar« means iVtendata Plaza Assoeiates, a Minnesc�ta Partnership, "Development itistrictn m�ans DeveIopment District Numbcr 1 createci by the City pursuant to the Development Plan, "Devetopment Plan" means the Development Pmgram for Develc�pme��t District Nu�nber 1 adopted by the Council on May 5, 1981, as the same has bccn antl may herea.fter t�e amendec{. "Devetopment Property" means tlie real property legally desc:ribed c�n FxhiUit A ate�checi hereto and incorporated hcrcin. "Event af Ddault" means an aciion or occunence describeci in Section 7.1 vf this Agreement. "Permitted'1�attsfer" means any conveyan�e or dispositiort c�f the Devcla�ment Propeny or the Developer which is exccptcd from the definition of Tt�nsfer set fc�rth iti this Article. "Projett" means the cc�nstn�ction of the Praject Improv�mcnts on the De�clopmcnt Pro�rty. "Pro3ect Imprnvements" means, collectively (i) the replacentent af the riarking surface on the lleveiopment Property, {ii) the construciion of a staEm scwer systen: servis�g the parking lcx t�f _2_ WINiHROP&WEINSTINE WINTNROP�WEINSTINE Page 8125 Job 7�0 Jun-02 Fri i5:32 1990 the Development Pmpercy, (u,i) improvements to the access lancs and curbing aa the Development Property, aEnd driveway onto Dodd Raad from tlje Deveic�pment Property, {iv) installatlon of additional sitc lightiutg, (v� constniction of a right turci Iane Un Dodd R�ad for access to the Deveiapment Property, and (vij addidonal site landscapir�g, alI �f the farcgoing being ia accordance with thc Canstxuction P1ans. '"Reimbursable Cost�" means thc Project costs for which the City is parcially reimbursing tl�e Developer pursua.nt tc� this Agreement, as set forth in tbe column 1�belu� "Eligible City Costs" on �+�„� attachcd hereto and incorporated herein. Under no circumstanc�s shall Reim6ursatble Costs includ� any partian of t6e cost of ceplacing ar rcpairing the parking lot suzface oo t�e Develapment Property. "Tax Incr�qaent Act" mea�ns the T� Iucrement Financing Act, Mir�raex�ra Statutes, Scctions 469. I�4-469,1'79, as amended. "TaX Inctr�ment Di�trict" mea.ns Ta.x Increment Fina�cin� District NumUer 1 createci and amended by �he City �ursuant ta the Taac Increment Plan adc�ptet! in connection with the Development Plan. "Tax Iaerement Plan"' rn�tns the Tax Yncrement Financing Plan adopted by thc City on May 5, i981, in connectit�a wit�t the creatian of the Ta�c Increment Distric:t, �s the same has �:n or n�ay be atn�n+ded from time to time. °Tax Officisl" means any City ar county assessor, County auclit�r; City, County or State bc�ard of equalization, the cornmissic�ner of r�venue of ihe State, c�r any State or federal ciistrict court, the ta�t court of the Statc, or the State �upr�eme Court. . "Total Project Cost" means the actual aggregate cost incurreci by thc Devcloper in enginecring, designing and constructing the Project Impmvements, certifted to tll� City �iy the Developer as set farth in Section 3, ! hereof. � "Transfer" means any cessation of possession of the Development Praperty or the Prc�ject Impmvements by the Ueveloper for any reason. nUnavoids�„ble Delays" means de�ys which are the dirc�t resutt c�f strikes, st�ortages af materials, war or civil commotion, delays wtuch are the direct resuit of unforeseeal�le and unavoidabie casualti�s ta the Projcct Impr+avements, the bevcic��xnent Prt�perty or thc equi�m�nt used ta constcuct the Project Improvements� delays which ar� the direc:t result af g�vernment�l action or ui�Ctiazt heyond thc cnntral of Developer, de]ays whic:h ar� the dirc,ct result of judicial action commenced by third �aarties, citizen apposition ot action affccting the Project o� adverse weather canditians, or to any t�ther cause or action beyond the t�asonabic c�ntml c;f the patty seeking tu be excused as a result of its occurrence. _ -�- WINTHROP�WEINSTINE WINTHROP�WEINSTINE Page 9125 Job 750 Jun-02 Fri 15:33 1990 ARTICLB II. It�PRFS WARRANTIF.,S Section Z.1. RepresentaX,iQns by the Ci . The City makes the foltowing rcpresentations as the basis for the undcrtaking on its part hereia contained: a. Status of CitY. The City is a statutory city of lhe State with all the pc�wers of a st8tutory city of lhe fourth class duly organizeci and existing under the iaws of the State. Undcr the provisions of th� Act and any other applicabl� laws, ihe City has the power to enter inta this Agreement and carry out its obligations hcrcunder. b. Compliance with �,aws. The City has createci, adopted and appr�ved the Development District, the Develapment Plan, and Ta�c Licrcrnene District in accordance with the respective terms af the Act and the Tax Increment Act, and the same remain in tl�ll force and effect. c. Wa a . Excep[ as spec:ific.�lly providcd her+Cin, thc City makes no representation, guaranty or warranty, cithcr expr�ss or implied, as to any matter, including speciftc�lly, but withnl�t limitation of the gener�lity of the foregoing, (i) che state of dtle to or the condition of the Development Property, (ii) the suitability of thc DcvcIopment Propetty for the D�vcioper's purposes �r neecis, or (ui) the economic feasibility of the Projeet. Section Z.2. Lte�reser�tations, Covenants and Warranti�s by theDeveluper. The Devel�per represents and warrants that: � a. �od Standing. Developer is a general partnership duly organized, validly existing anci in good standing urtder and pursuant to thc laws �f ihe State of Minnesota and has fuil power and authority to enter into and perfonn its obligati�ns under this Ag�ment and the transactions contemplated hereby, Thc managing partner of the Developer is Eciward J. Paster. - b. h rit . This Agreement has been duly and validly cxecuted and delivered by Ikveloper and constitutes the valid and binding obligation of Developer according to its tietms, enforceaUle against Developer except as the en%�rcemcnt thereof may bc limited by bankruptcy and oCfier laas relating to creclitors' rights genera]ly or general principles of equity. The execution of this Agreement by Devcloper has been duly authorized by thc appropriate partners of Deveioper, and no furltter partnership action is required for the perfortnance by Developer of its oblig�tions I�crcundcr. C. �nsents. Except as disclosui in this Agtcemcnt, no consent, approval, order, _ authorization, registration, declaralion, filing� waiver or notice to any government entity or third party is requir+ed or necessary to be obtained by Developer in connection aith the executian, delivcry and performance of this Agreement. -4- WINTHROP�WEINSTINE WINTHROP�WEINSTINE Page 10125 Job 750 Jun-02 Fri i5:33 1990 d. �Yiolation. Neither the execution and deIivcry of this Agceement, the consummation of ihe transactions contempIated hereby, thc acyuisitian, construciic�n �nd developrnent af the Development Pmperty, nar thc fuliillment of or compliance aith the tcrms and conditions of this Agreement is pr�vented, timited by or canftict aith ar resuh in a breach of, the tetms, conditions or provisions or arty corporate �.gtriction nr hny evidcnees of irtdebtedness� agreemen# ar instrument af what�;ver nature to which thc DeveIoper is noa a party ar by wliich i� is hcn�nd, ot constitutes a ci�fautt under arry af the fozegoing. � e. T„ 'r�l . Subject ta the pmvisians of Sxtion b.2 {Cansc,�uences af Transfcr), the D�►elo�ier is and shall be the owIler of the Developmcnt Pro�rty, Except for matters disclascd in this Agreement, there are no pending car thr�.�tencd claims, lawsuits, ar disputes with respcct to the Development Property or Dcvcl�pe;r'S ownersiup tt�cr�;cyf. � t, Compliance with Laws. TlYe Developer shal.l operatc and maintain thc Prc�ject Improv�ments in all marerial aspects in accord�nce witl� ti�� ern�s of this Agrcement, the Develogmcr�t Plan aud all agplicable local, statc aiid fecfer�! iaws and regui�tions (inCluding, but not limited to, enviranmental, zaning, buitding code and public hcalth lsw�a and regulations). � �. �nergy C�n,�;ervation. 2he Develoger shall ec�i�struct. th� Prc�ject In�pcovements ia s�eec►rdance wi�h all applicable tocal, state or federdl energy-couscrvatiqn laws or �gulations. , h. Permits �nd I,icenses. The Developer shail c�t�tain, in a timcly manneT, all re�quireci permits, reviews, cleat�ances, licenses and ap�rc�vats, and will meet, in a tiaiely manner, the rec�uirement� of all appticable 1c�cal, statc and #'ederal lavas a.nd t�gvlatians wl�ich must be obtaincd or met before the Pmjcc� xmprnvements may l� la�tfully constn.�ct�ci. , � ; i. �ost of_Proiect Improvements. T'he Develt�per covena��ts th�t the cost of the Project Improvem�nts to be completed an the Uevelop�iient Prc�p�erty shall be nal l�ss than �4t}0,0{Xl.{}0. � - j. _ ecess%�y af t�ssi,��C�. The Developer acknc�wled�es, re�resents and agrccs t6at, but for the assistance provided by the City under the Agre�ment, it would nc�t l� able to und�riake th� Projcct within the foresceable futuce. Attached hereto and incu�patated herein as Pxhibit C is a letter fmm D�velraper's indcpcndenl certifiet! gublic accountants which supports the foregairtg represcntatic�n, k. FTa2ardaus Waste. Other tha,n (i} small quantities �f material uscd or sold in the ordinasy course of business by tenants of the Dcvcic��ament Pm�,erty a��d (ii) cvmrnan _ constructian materials used in canrte�tion with the instailation of the P'roject Impmvements, no asbestas, urea formaldehyde, polychl�rinateci biphenyls, nnciear fuei or materi.a�s, ch�mical waste, radioacdve materials, explosives, knawn cazcinogcns, p�troleum praducts or other pollutants, cancaminants, chemicals, materials �r substances defincd as "hazardous waste,' "h•azardous sui�stance," "hazardous -5- WINTHROP�WEINSTINE WINTHROP�WEINSTINE Page 11/25 Job 750 Jun-02 Fri 15:34 1990 constituent," "solid waste," or °toxic substance° {all of the foregoing arc referreci to volloctively hereinafter as "Hazatdovs Materials") the release or disposal of which is tegulated by any fedeial, state or Iocal statute, regulation, arder, treaty, code, publication or ordina��ce (ar any amendmeat theri�to) related to tiuitian health or the envi�nment incluciing, without limitation, any Iaw, regulation or ordinance conceming th�protcction and preservation of natural resources, air, water, naisc ar soil pollution or contamination, or Hazardous Materiais use, generation, storage or disposal, ("Havironmental Law") are, to the best of Develop�;r's Actual Knowledge� locateci on, in, about or under lhe Development Property, and, to the best �f Developer's Actual Kaowledge, none of Development Properiy has ever been utilizcd for the storage, manufacture, disposal, handling, transportaEion or use of any Harardous Materiats. l. Materiats Permits. All permits, licenses and similar authorizations and appr�vals nec;essary or rcquir+ed under all P�vironmen�al Iaws, including those for any Ha�rdous Materials stored, used or manufactured wiihin c�r on thc Development Ptnperty have, to the best of Developer's Actual Knowled�e, t�en obtained, arc bcing vompl�ed with and are in full fone and effect, anci the Developer has complied with all other reporting, [;iing and other requirements under thc Environmental Laws. m. �To Environmeatal Proc.eedinQs, 'ihere are no cxisting, propc�sed, thrcatened, or pending investigations, administrative pnocee,dings, iitigation, rcgulatory hearings or other actions concerning any the Development Property and allcging noncompliance with or violation of any Environmental I.aw or relating to xny required environmental permits or licenses. n. No Environmental Listing. No poition of thc Dcvelc�pment Properry is listed in th.e United States Environmental Protection Agcncy's National Prioritics List of Aazar+dous Wastc Sites nor any other list, schectuie, log, i�iventory or recc�rd �f hazardous waste sites maintained by any federal, stat� or lcx:al agency. o. � Required Te.sting. 'Iiie Develaper has not received any writtcn notification ftvm any city, cou�nty, state or fedeial governmental authority, agency or iastntmentality requiring any work or testing to be dane on ar about the Development ProPer'tY• p. P�yment of Pir�ject Costs. The Develo�r does not intcnd to request 1�eimbursement fmm any tenants or occupants of the Development Pmperty �f any eapital expenditures constituting part of the Total Pr�ject Costs. q. lteliance, The foregoing representations, war�antics and co�enants are made by Developer with the knowledge and expectation thal the City is r�lying ti�erec�n. r, iva . The foregoing representations, warrantics and covenants, together with any and ail other rep�sentations, wananties and covenants contained in this A,gnoement, shall survive consummation of the transaclions c;ontemplated by this Agroement. � WINTHROP�WEINSTINE WINTHROP�WEINSTINE Page 12/25 Job 750 Jun-02 Fri 15:35 1990 ARTICLE III. [JNDERTAKIN U�;VELOPER Sectton 3.1. Reimbursahle Costs. Subjact to the terms and conditic�ns h�reof, the City shall pay and-reimburse the Developer for the "Eligible City Costs" ponion of Reimbursablc Costs, as set forth on Exhi i B, actuaIly incumed by the Developer in ccmnection with thc Pm,Ject Impmvements; providecl, however, that in no event sha.11 the Gity's portion of Rci�nUursable Costs exc,eed the lesser of (i) Tao Hundred Tiiausand and (?O/1tH'f Dc�llars ($200,000.00) or (ii) fifty pement (50 �) of tiie Totai Project Cost. The City's porii�n of any "Contingency" costs for site lightiag shall not exceed S0� of such contiagency costs. The Ciry TIF Payment sha11 be pa.id in twa instatlments. The first such installment shail not exceed One Hundred T'hou�and and 00/100 Dollars (�100,000.00) and shall be payablc at such time as Developer has deliverect to the City (i) a sworn construciic�n titatement reflecting all costs incurred in eonnection with construction of the Ptvject Improvernents to date, and certificd by the Developer to the City in foim reasonably acceptable ta the City, reflecting that Dcvcloper has thus fas incurred not less than One Iiundre�d Thousand and 00/100 Dollars ($100,UUU.t)q) in "Eligible City Costs" as set forth on ExhT ibit B hereto; anc! (ii) lien waivers from all contractors and subs:ontractors supplying labor ot materials in conncction with the Project Improvements to datc; a��d (iii) evidence acceptable to thc City that the City has si�fficient financing available to complete the Project; and (iv) copies of all constructi�n cc�ntracts r�lat.ing to the Project. The second installment of tIic City TTF Payment shall be made upon final complcti�n of the Project and presentation to the Gity by the Developer of (i) lien waivers frc�m all cantractors anci subcontractors supp]ying labc�r or materials in connection wiih lhe PrUjeCt; and (u} a sworn construction statement reFlecting all costs incutred iti connecEion wi�h cc�mpletion of the Projcct improvements and certificd by the Developer to the City in fornl r�sonaUly acceptable to the City. ' Section 3.2. Public Costs. The City and the Developer her�k�y stipulate and agr�e that thc assistance p�videcl pur�uant to this Agreement is iwtended to reimburse the Developer for tlie Reimbursable Costs (or portions thereo� listed on ibit B attached l�ereto, and that such assistanee is in furtherance of the purposes of the Development Plan, the Act, the Tax Increment Act, and/or necessitatcd hy the unique characteris�ies of the Dzvelopme�it Pr�perty and/�r the topogtaphy of the Developrnent Property site. Subject to all other tenns and conditi�ns set forth herein, the City agrees t� pay to the Developer up to the "Eligif�le City C�sts" pc�rtion of each line item on hibit B hcrc;to upon completion of that portion of tl�c Projcct described ac said line item, subject to the Iimitations set forth in Section 3.1 afxzve. The b�lance shall be held by the City or ita designated escrow agent pending, at�d to secure, fin:il comptetion of the Projcct Improvements and will be disbursed to the Developer at the time of confircnation by thc City of such final completion. Sectian 3.3. Conditinns to City's Reimbursement Obli�ation. performance by the City with respect ta its other obligations pursuant as a conditioa prececl�nt thereto, the City may, in its sole discretion, � -7- In connection with ta this Agrcemcnt, and ;quire tbe Developer to WINTHROP�WEINSTINE WINTHROP&WEINSTINE Page 13/25 Job 750 Jun-02 Fri 15:35 1�90 (i} submit evidence of compliance by the Developer with the terms and c;c�nditions of this Agreement, (u) provide an opinion of counsel aeeeptable to the City that the financial assistance pmvided hereunder is a pennissible expenditure of funds pursuant to the Act and the Tax Increment Act, {iii) provide evidence of the availability of tinancin� f�r tt�e Developer's partian of the cost of the Project Improvements, and (iv) pay one half of tt�e City's expenses of counsel in connection with the prepantion, execution, and flling of this Agreement and consumma�ion of the transaction contemplated her�eunder. ARTICLE IV. CONSTRUCTION�F PRQJECT IlVIPR()V�:MENTS Section 4.1. �onstru�i�n of I'roiect Improvements. The Devela�r agrees thal i[ wiIl construct th� Pmject Impravements on the Develapment Property in accordance with thc approved Construction Plans. Section 4.Z. �Qn.struction Plan�. Prior to commencement vf constructinn of the Project Improvements, the Developer shall submit the Constcuction Plans to the City for approval. The Constructioa Plans shall be consistent in all respects with any description af the Project pravided to the Couacil by the Developer in connection with the Developer's request for assistancc provided pvtsuant co this Agreement. The City may rejecl che Conseruc�ion Plans, or requcst changes tbereto, in its sole discretion. s. Ag,Rroval of Constrvctioa Plans. The City's performance hereunder is coaditioned upon and subject in its entirety to its rcview and approval of the Construction Plans, and upon compliance by the Devetoper with all applicable laws and satisfaction of a11 City requirements {including planning and zoning, building ccxies, dc.} for projects nf this nature. b. Changes in Plans. If the Developer desires to make any material change in the Constructinn Plans, the Developer sbal! fust submit tlic proposcd chaage to the City for its approval. 1'he Developer acknowtedges that upon cnteri�ig this Agreement, the City in no way waives its right of final approval af materials and subrnissions requitcd heYein, including, but not limited to, final Constructi�n Pfans, anci the City expressly resorves its right to deny approval of ar�y plans and �ennits should thc Dcveloper fail to proceed in accordance with this Agreement and/or fail to peri'orm in total compliance with the obligations herein and the rcquircmcnts of [he City's Zoning Otdinance and City's Subdivision Ordinance and other applicable City cades and ordinances affecting the Construc6on Plans aad/or the Development PropeRy. e. Effect of Citv Approval. Pxcept as specifically provided in writing by the City or say department or official thereof for the specific, limited purposc of such writing, the approval of the Gonstruction Plans (or any amcndmcnts thercto) by the City or the Cauncil shall not constitute a representation or warranty that such plans, the Project Impmvements, or t.he bevelopment Propetty cocnply with a��y applicable bt�ilding ctxie, health or safety r�gulalioa, environmental law, or othcr iaw or regulation, ar tha� the Project Improvements aill meet the qualifications for issuance of a certificate of -8- WINTHROP&WEINSTINE WINTHROP�WEINSTINE Page 14/25 Job 750 Jun-02 Fri 15:36 1990 � ou�pancy. Approval of the Developer's plans by the City or any dcpartment or ofAcial thereof shall not constitute a waiver by �he City of any Event of Default oceuiring hereunder. Seetion 4.3. �ompletic�n of CorLctructlon. Sabjxt to Unavoidablc Dclays, thc Dcvcloper shall aclueve final completion of the construction of the Projec� ImproVemcnts on ar bcforc Oetober 1� 1996. All work with respect to the Pmject Improvements to be constn�cted or pmvided by the Develo�r on the Development Property stiall bc donc in a good and wor�natilike manner with quality materials and in strict compliance with the C�nstntction Plans as submitted by the Dcveloper and apptuved by the City. Developer hereby grants the City reasonable access to the Dcvclopment Pmperty and the Projcct Improvcments. The Developer agr�s for itself, its successors and assigns, and every succcssor in intctcst to the Development Prope�ty, or any part thereof, that the Developer, and suc}1 succe.s.sc�rs and assigns, shall diligently prosecute to completian the development af the Develo�ment Property through the constivcfion of the P�oject Improvements thereon, and that such construction shall it� any evec�t be completed within the period specified in this see�i�n. During construction of the Project Impravements, the Developer shall make reports, in such detail and at such times as may r�easonably be requested by the City, as to the actual progress of the Developer with re�per•t to such coastivcdon. Section 4.4. Completion of Project Im,proveme�ta. a. . Notification of City. The Developer will notify the City when constnic[ion of tho Project Impro�ements has been completed. The City shall have the right, but not the obligation, to inspect the Development Property and/or tl�e Project Improvements at anytime during the consttuction of the Project Imprc�vemenls. Inspection of the Developmcnt Pmperty by the City shall not consti[ute a representation or wana.nty by the City that the Development Propetty or the Frojcct Improvements comply with any applicable building code, health or safety regulation, zoning reguiation, environmental law, that the Project Improvements will qualify for a ceriifcate of occupancy, ar tl�at the Pmject Improvements will meet the E+equirements of Developer or any other user of the Projcct Impmvcments. b. �lotice of D�fg�. If the City shall find the state of the Projecl Impmvecnents or Developer's documentary evidence thereof unaccepc��hlc, thc City shall, within ten {l�} days after written request by the Developer, providc thc Dcveloper with a written at8tement, indicating in adequate detail in ahat remects the Dcvcloper has faileci to Complete the Project Impmvements in accorciance with the pmvisions af the Ag�reement, or is otherwise in default, and what measures or acts wiil be necessary, �n the opinion of the City, for the Developor to takc or perforn� in order to remedy any such condition. -9- WINTHROP&WEINSTINE Section 4.5. WINTHROP�WEINSTINE Page 15/25 Job 750 Jun-02 Fri 15:36 1990 � Aciditional R�p�nsibilities of I3eveloQ,�r. a. Maintenance of Public Easements, The Developer will not construct any buiZding, structure, or improvement on, over, or within tlic botmdary lines of any public utility easernen� untess such construction is provideci for in such easement or has beea appmved by the atility involved. . b. el'e x Insrtallation. Developer shall be responsible for any cost of relcxation of anp existing public or private utilities which may be causcd or necessitatecl by the eon8trucdon of the Project Impmvements and any utility access charges payable in connection thcrewich, e. Repair ef Puhlic Facilities. Developer shall, at its sotc cost and ezpense, n�place any public facilities or public utitities damageci in connection with the constructian of the Project Improvements in accordance with the technical speai,fications, standards and practices of the owner thcrcof. d. Landscaping, Warranties. Developer shall provide tc� the City, at thc timc of payment of the final installment of the City TTF Payment� copics of all wan�anties for the landscaping constituting part of the Ptojeci Improvements. At all times during the tercu of this Agreemcnt, the Developer shall �xercise all rc�asonaUlc cff��ts to enfc�rce sach landscaping warranties and shall otherwise main�ain the landscaping covered thereby in good conciition. ARTICLE Y. �► 1: : ► Section 5.1. �?uring Dgvelopment. The Developer shali provicie and maintain at all timcs during the ptocess of constructing the Project improvements for the henefi� af the Developer and the City and, fmm time to time at the request of the City, furnish the City with proof of payment of ptemiums on: _ a. �n_Qral Liability. Comprehensive geneial liability insurance (including Iiabilily arising from operations, contingent liabiiity� OpeTaliOns of subc:ont[actors, complcted ope�ations and contractual liability insutance} together with an Owncr's Contractor's Policy with limics against bodily injury and property damage of not less than S3,000,0()0 for each occurnence (to aecomplish the abc�ve-required limits, an umbr�lla excess liability palicy may be used). b. Worker'� Compensation. Worker's compensa[ion insur�nce, with statutory ooverage. Section 5.2. ther Terms. All insurance required pursuant to this Article shall be takcn out and maintained with insurancc companies �asonably aeeeptable to the City and authorized under the laws of the State to assumc the risks covered thereby. The Dcvcloper will deliver to the -ia WINTHROP&WEINSTINE WINTHROP&WEINSTINE Page 16/25 Job 750 Jun-02 Fri 15:37 1990 City policies evidencing all such insucance, or a cettificatc or certificates or bindcrs of the respective insut�rs staEing that such insuranee is in full force and effec[. AR1`ICLE VI. REIlViRURSEMENT TO CITY UP4N A,SSIGNMENT ANn TRANSFER Section 6.1. I3eneiits ef Tax Incremen F'nattcing Assistance. The Developer acknowledges and agr�s tbat the tax incremcnt financing assistance being provideci by the City hereunder is a direct and material benefit to the Development Pmperiy and the fair market value thereof. The Developer f�rther acknawledges and agt+ees that the City is proviciing such tax increment financing assistance based upon the understanding that the Developer shail remain the fee owner of the Development Pr�perty for a period of not Iess than fivc {5) years from and aftcr thc date of cornpletion of the Project Improvements. Sectioa 6.Z. Pro-rated Reimbursem�nt of Ta Lncrement Financing Ascistance. Subject to Section 6.6 hereof, in the event of any sale, assignment, convcyance, lease {outsidc of the ordinary course of business) or other tr�tnsfer, voluntarily or involuntarily, of all ar any �ortion of the Develapment Pmpeny within a five (5) yesr period from thc datc of the final City 'TIF Payment, the Developer shall immediately pay and reimburse to thc City a portion of thc aggregate City TIF Payrnent based on a fncdon the denominator of which shall be 1,825 (36S days x 5 yesrs) and the numerator of which shall be the numt�r of' ciays rcmaining after the 'effective date of any such sale, assignment� conveyance, lease ar transfer {collectively, "Ttansfer"} until expiration of said five year period. Section 6.3. Lien on Pron�t�. The obligatiot� of the Devetoper to reimburse thc City a partion of the City TIF Payment hereof upon the effecdve date ot any Transfer shall constitutc a lien on the Developmen� Property and shall be, along with a11 other terms and pmvisions of this Agreement, fully binding upon any successots or assigns of the I3eveloper. Section 6.4. Cessatian of Citv Obli�ations. Any Transfcr of the Development Property, or any portion thereof or interest therein, shall relieve the City, at t}ic City's aption, of any and all obligations uader this Agreement. Section 6.3. No Restrictian on Sale. Nothing in this Stxti�n sl�all constihite a testraint on alienation or prahibition with respect to the 'Ttansfer of the Develc�pm�nt Property. Section 6.6. Permitt�d Financin�: Intra-F�mi1y nsfers. Noching hercin shall prohibit or prevent the Devetoper from encumbering the Development Pro�rty in order to abtain suitable, bona fide financing in connection with the devel�pment, constniction, ownership, expansion or nestoratian of thc Development Properiy or thc Project Improvements, or (ii) transferring the l7evelorment Property to members of the immediate family of Edward J, Paster or an entity owncd and controlled by Bdwazd 7. Paster or membcrs of liis immediaie family. - Sectioa 6.7. lYo AssiQnment. Except as provided in this Articic, this Agreement and the rights, duties and obligatioiis of the Developer hereunder shall not E3c assigned, conveyed, or _t t_ WINTHROP�WEINSTINE WINTHROP�WEINSTINE Page 17/25 Job 750 Jun-02 Fri 15:38 1'990 ' transferned, and any pur�x�rted transfer in violation of this pro�ision shall bc null, void, and of no effect. AR1'ICLE VII. EVF.rrr5 QF DEFAU�T� RF.NrF:nrF,,4 Section 7.1. Event of Default. The term "Bvent of Default" shall mean,= whenevcr it is used in this Agreement (unless the context otherwise pmvides): a. Failure of Timely Completion. Failure by thc Dcvcloper to complete the Developme�t Pr�perty on or befor�e the dat�e specifieci in Section 4.3 (Completion of Constn�ction) in conformance with the terms, conditions, and limitations of this Agt+eement; b. Breach of Developer Q g�141L�. Failurc by the Developer t� obscrvc or perform any �ovenant, condition, obligation, or agrccment on its part to be obscrvcd or performecf under this Agreement and the continuancc of such failure for ten (10) days aficr aritten notice thereof from the City provideci, however, that if any such fa�ure casuiot reasonably be cured withia such ten day period, Developer shall i�e entftled to an additional period, not ta exceed a total of ninety (90) days, within which to cut�e such failure so long as Developer commences its effons to cure such failure witbin such ten-day period and proceeds diligently tti�ra�fter ta effect such cure; or a �ar�krupt�y, of Developgr. A petition of, or claim for relief in, bankruptcy or insOlvency is filecl pursuant to any current or future bankruptcy or insolveney laws naming the Developer as debtor, and such petition is not dismissed within nin�ty {90) days af the date of filing ther�eof. Section 7.Z. i n Default. R�enever any Event of Dcfault occuTs, in addition to a11 other remedies available to the City at law ar in equity or elsewhere in this Agreement, the City may take any one or more of the failowing actions: . a. Susnension of Performance. The City may suspend its perfonnancc under this Agt�eement until it rc�eives adequate assuiances from Developer that Devcloper will ctme the Evcnt of Default and ther�eafter remain in compliance with its obligations under this Agreement and all related or collaterdl agrcements with thc City. 1fie right of suspension of perfonnance hereunder sitall apply not only upon the occurrcncc of aa Event of Defauit but also upon the occurrence af an evcnt or condition ahich with t6e giving af natice or passage of time would constitute an Eve�it of Default. b. �ermination of Agregm@At. The City may terminale this Agrccment, cease any snd all performance under this Agreement, and pursue all availablc remedies. - c. Suit for I);�maQec. The City may initiate an action sceking clamages, sF�;cific petformance, or any other relief available at law or in ecluity, other than and exccpt for tbs remedy c�f speeifie performance. The parties hereby agree lhat all costs, direct or -12- WINTHROP&WEINSTINE WINTHROP�WEINSTINE Page 18/25 Job 750 Jun-02 Fri 15:38 1990 ind�t, paid �r incurned by the City in connection witt� this Agreement ar the Proiect, including without limitation all sums advanced to �r f�r �lic benefit of the Dcvcloper bettunder and the costs of pursuing the City's remcdics heretmder, shall constinite damages of the City for purposes hereof. Section 7.3. No Remedy Fxclu�ive. No remedy- herein confcrred upcm or reserved to the parties is inteuded to be exclusive of any other available remedy or rcmeclies, hut each and every such remedy shall be cumutative and shall be in add.ition to evcry other rernedy given under this Agreement, whether now or hereafter existing at laa or in equity nr by statute. Na delay ar omission to exercise any right or power accruing upon any ciefauIt shall impair any such right or power or shall be constn�ed to be a aaiver thezeof, but any such right and power may be exercised from time ta time and as often as may be deemed expedient. In order to entitic the parties to exercise any remedy reserved to them, it shall not be necessary to give notice, �ther than such notice as may bc required by this Article VII. Section 7.4. No Additianal Walver Implied by Une aiver. In contained in this Agreement should be breached by either pany anc! other party, such waiver shall be limited to the particular breach so deemed to waive any other concuttent, previous or subsequent breac ARTICLE VIII. • IIYY��- �'� � the event any agreement thcrcafter waiveci by thc waivcd and shall not bc h hcreunder. Section 8.1. Conflict of Intere�: City�presentatives Not .Individuallv I-iable. No member, official, or �mploycc of the City shall have any personal intcrest, direct or indirect, in the Agt�eement, nor shall any such member, official, or employee panicipate in any clecision relating to the Agreement which affeets his personal interests ar the interests of any corporation, partnership, assc�ciation ar other entity in which i�e is, dinctly or indirec;tly, intcrested. N� member, official, agent, ar empioyee of the City shall. be pers�nally liable to the Developer, or any sucoessor in interest, in the event of any default or brcach by the City or for any amount which may become due to the Developer or successor or on any obtigations under the ternis of the Agreemtnt. Section 8.Z. Non-Discrimination. During the term of tt►is Agrccment, the Developer shall not discriminate u�n the basis of race, color, creed, sex, affectational preference, age, religion or national origin in the sale, Iease, or rental or in the use or c�ccupancy of the Development Property or the Project Improvements erected or to be erecte�d thereon, or any part thereof. The provisions of Minne.sora Sratutes Section 18I.59, which rclate tc� civiI rights and non- discriminadan, are hereby adopted and incorporated as pan of tliis Agrexment as if fully set. forth herein. Section 8.3. Equaf Fm l�ov,ment Op�s rt� uni�i. Developer agrees, for itsclf and its assigns, that during construction of the Project Lnpruvements: a. Emnloyees. Developer will not discriminate ag�inst any employee or applicant foi employment because of race, color, creed, re]igion, ancestry, gender, affectational -13- WINTHROP&WEINSTINE WINTHROP�WEINSTINE Page 19/25 Job 750 Jun-02 Fri 15:39 1�90 ' p�'erence, disat�ility, age, marital status, status with regard to public assistance, or nad,anal origin (each such statns is referred to hcreinaftcr as a"Pmtected Class"). Developer will take affirmative action to cnsur+e that applic;ants are employed, and that employees are trnated during employment, without regard to membership in any Pmtectecl Class. Developer sha]t further abide by all other applicabte fedetal, state and local laws regarding equal employment opportunity. b. Advertising Devetoper will, in all solicitations or advertisements for employees placed by or �n Uehalf of Developer, state that all qualifieci applic;ants will receive consideration for employment without regard to membership in any Protectec.l Class. e. n r . Deveioper will include the provisions of this Sec;tion 8.3 in every Cot�act, subcontiact and purchase order, so that such provisionc will b� binding upon es�h such contr�ctar, subcontractor, or vendor, as lhe case may be. Developer wil1 takp such action with respect to any contract, subcontract or purchase order as the City may direct or advisc as a means of enforcing such prnvisions, incIuding sanctions for non-compliance. Section 8.4. Tr►��k Pgrking. Within thirty {30} days aftcr thc date herec�f, the Developer shall designate an arca of the parki�ng Iot serving the Deve]opment Property in a location acceptabla to the City for the parking of semi-trailers and other commcrcial trucks on or ahout the Development Pra��ty. The Developer shall exercise all reasonahle efforts during the tcrni of this Agreement to restrict parking an the Develapment Property of scmi-trailers and other trucks to the designatcd area. � Section 5.5. Pt4visic�ns Nnt Merged With Deed. None of the pravisions of ihis Agrccmcnt are intended to or shall be merged by r+eason of any decd transferring any interest in the Development Property and any such deed shall nat be deemecl to affect or impair the provisions and covenants of this Agreement. Section 8.6. Titles nf Arkicl� and Sections. Any tides, headings, or captions of the sevcral parts, articles, and sections of the Agr�ment are inserted for convenience of refer�nce only and shall be distegarded in constcuing or iryterpreting any of its provisions. Section 8.7. Notices and Demands. Except as atherwise cxpr�ssly pr+ovided in this Agreement, a notice, dcmand, or oth�r communication under the Agrccmcnt by any pariy to any other party ahall be sufficiently given or delivered if it is dispatcheci by registered or ccrtified mai1, gostage prepaid, return receipt requested, or delivcred personaliy; and a. Deve[oper. In the case of the Developer, is addressed to or delivered pers�naily to the Devcloper at: � Mcndota Mall Associates 2227 University Avenue St. P'aut, Minrtesol,� 55114-167? Attn: Mr. Edward Paster -14 � WINTHROP&WEINSTINE b. at: WINTHROP&WEINSTINE Page 20/25 Job 750 Jun-02 Fri 15:39 1990 �j�y. In the case of the City, is addtessed to or delivered personally to the City City of Mcndota Heights 1101 Victoria Curve Mendota Hcights, Minnesota 55118 Attn: City Administrator or at such oiher address as the City may, from time to time designate in writing and forward to the Developer. Section 8.8. In�l�mnification. The Developer shall cooperatc with thc City with respect to any litigetion commenced with respect to the Development Plan or the Project. Except for any willful or wantan misconduct of the City, its employees, Council members, officers or employees, the Developer shall save, hold ham�less, and indemnify ttie City fmm and against any and all oosts, including reasonable costs of defense incurreci by the City through an attorney of its choosing, with respect to any litigation in connxtion with the Praject or this Agrcement. a. Retease of Ci�v. Developer agrees, that anything to the contrary herein notwithstanding, the City and its agents, officers, Council members, and empioyees ahall not be liable or responsible in any manner to the Developer, the Developer's co�tractors, suppliers, vendors, material men, laborers, lienors, m�rtgagccs, or to any otber persc�n c�r �rsons whomsaever, for any elaim, demand, damage, cast, or loss of any kind or character arising out of or by reason of the cxecution of this Agreement, the transactions contempiated hereby, the acquisition, construction, install�t.ion, ownership or operation of the Project, the Project Improvements and/or the Development Property. b. Indemnification of City. The Doveloper shall inciemnify, savc and hold haimlcss the City trom and against any and all claims, dcmands, actions or causcs of $ction (including spec;ifically, but without limiting the generality of thc foreg�ing, the costs of defcnding the same, costs and expenses for_City aciministrative time and labc�r, costs of enginecring and planning services, costs of all legal services rendcred, direct out-of-pockct cxpenses incurned in connaction aith defending such claims, and amount.s paid as ciamages ar in settiement or compmmise of any such action or proceeding) as may be broughc against the City for acts or omissions il� any way related to the Const�uction, operation or financing of the Projc;ct Improvements, andlor the Development Pr�perty. c. Reimbursement of Costs. Develc�per shatl reimhune thc City far any and aIl costs and ex�nscs, including withovt limitation, attorneys' fees, paid �r incun�cd by Ehe City in ccmnection with or relating to enforcing performance of (c�r sec;king damages for Dcveloper's failure to perfotm} any covcnant c�r obligation of Dcvei�per - under this Agreement. d. l�a2ardous Waste Indemnity. The indemnification pbli�ation of Developer shall include, without limitation, any liability, dsmages, claims or costs incutred or asscrted -15- WINTHROP�WEINSTINE WINTHROP&WEINSTINE Page 21/25 Job 750 Jun-02 Fri 15:40 1�90 " �gstinst the City relating to the alleged presence o� ielease of hazardous or toxic Bubstances on, under or about the Develapment Properly. e. Tax Increment In�emnitv. Develo�er shall fiirther save, indemnify and holci hannless the City from and against any and aIl costs, damages, liabilitics or expenditures- incurned by the City pursuant to Minr:esota Statute.s Secti�n 469.1771, subd. 3, as a result of the assistance provided to the Develc�per pursuant to this Agteement. - f. Reduction in S�� Aids, Developer shall fiirther save, indemnify and hold ha�Iess the City fr�m and against all costs, dacnages, liabilities or expenditures incurned by the City in the event that iocal governmzi�t aid, homestead and agricultural ct�edit aid or othcr aids or payments to the City fmm the State of Minnesota arc redttced under Minncsota Statutes, Se�tion 273.1399 or oth�r law. The liability of the Developer to the City pursuant to subsections e. and f. above shall not exceed the aggregate amount of the City TIF Payment and shall be deemed tenninatcd if no claims are esserted against the City or, in the case of subsection f., na aids or paymenls to the City are reduced prior to the expiration of the applicable statutes of limitation for any such claims or reductions i» aid. Sectian 8.9. Covenants af Principal. All covenants, stipulations, promises, agreements and obligations of the City containcd herein shall be deemed to bc thc covenants, stipulations, promises, agreements and obligations of the City and not of any Council member, officer, agcnt, servant, employee, independznt contractor, consuItant and/or legal counsel of the City. Section 8.10. Governing Law. The parties agsee that this Agreement shall be governeci and construed in accordance with the laws of the State of Minnesota and acknowledge that. this Agr�emeat is the type of agrcement described in M�nnesota Starutes, Section 469.176, subd. 5. Section 8.11. Time is of the �enc�. Time shall be of the essencc of this Agteement. SeCtion 8.1Z. Counterparts. This Agreement is executed in any numrer of counterparts, each of which shall be an original, but a11 of which shall constitute oiic and the same instrument. Section 8.13. Inter�retation and Severabilitv. If any ane �r more of the pcovisi�ns, sentences, phrascs or words of this Ag�ment or any application thereof shall be held or determined to be invalid, iIlegal, or unenforceable in any respect, tl�e validity, tegality, and enforceability of the remaining provisions, senteaces, phrases ar words of this Agteerncnt and any other application thereof shall in no way be affe�ted c�r impaircd and shall remain in full force and effect. Sectian 8.14. Succ�ss�rs and Assigns. This Agt�ment is binding on and inures to thc bcnefit - of the heirs, successors and assigns of the parties hereto, providcd, however, that chis Agrccment. may not be assigned by any of the panies hereto oxcept as specifically pro�idcd herein. Any successor shall ahsolutely and unconditionally assume ali of the rights, duties and obligations of their assignee hereundcr. -I6- ' WINTHROP&WEINSTINE WINTHROP�WEINSTINE Page 22/25 Job 750 Jun-02 Fri 15:40 1990 Section 8.15. Modification/Entire Agreement. lhis Agrccmcnt may not bc altcrcd, rnc�dificd or amended exccpt by an instn,ment in writing signed by all of the parties hereto. No person, whether or not an officer, agent, employe� or representative of any pany, has made or has any authority to make for or on behalf of that party any agr�men�, representa�ion, warrdnty, statement, ptvmise, arra.ngement or understanding not expressly set fortli in �tiis Agreement or in 2ny other documenl exeCute�i by the parties Co�ic,u�rently herewith ("Parol Agreements") . This Agreement and all-other documents executed by the parties cc7ncurrently her+ewith ccrostitute the entuz agreement between the parties and supersede all express or impGed, prior or coneurrent, Parol Agreement� and prior written agreements with respec:t t� the st�bjec:t matter heteof. The parties acknowledge that in entering into this Agr�rnent, they havz not relied and will not in aay way rely upon any Parol Agreemeats. IN WIINF.SS Vi�iF1tH:OF, thc City has caused this Agrccmcnt to bc duly cxccutcd in its ��a�ne and behalf and its seal to be hereunto duly affixed and the Develc�per has caused this Agree�ncnt to be duly e�cecuted on or as of the day and year first above writtcn. T�iE CITY O� MLNllO'I'A I3EIGHTS 8y: Charles E. Mertensc�tto Its Mayor Attest: Kathleen M. Swanson Its City Clerk MF.NDOTA MAI,L ASSOCIA'I'ES a Minnesota partncrship By: _.._ .. � �,�r S1P:16216t 3 sx��snrt w�crnixor ROB�RI'R. WHIN577NE RICHARS? A HOHL ROGER D. LORDON 57EVEN C. T(1tIREK STEPFiEfiJ. SNYDER MARVIN C. INGBER e�xuctex DAVID E PEARSQN �statKasM.fsnxi�rv nnnxox c. xtavrsox JOFiE7 A.ICP2hPP ERIC O. MADSpN MICHELE D. YAQSANCOURT DAVtD B. MdRAN, JR. DONALD J. BROWN aoN.r. xocAxsax SANDRAJ.7vLAFa7N GARY W. SCHQKhiILLER 7'ODD B. URNESS T[MOiHY M. BARNEIT SCOTTJ. DONG45ISL PE[ERJ. GI.EEKEL HD WARD J. DRENiTEL 3EFFREYR.ANSEL LAURIE A. KNOCKF ISAYD W. GRQOMS JIRiE K. WfLLIAM50N HEfSYZ LAUSE�DT MARK'CJQHNSON BR06KS R POLEY TFiOMAS H. BOYD Aired Dial (612) 290-84$1 ViA 14�,,SSENGER Mr. M. Thamas I.awell City Administxator City of Mendofa Heights 11Q1 Victoria Curve 1Viendota Heights, MN 5511$ WIN'�'HROI" ir WEINS'x'INE A PROFESSIOiiAL ASSOCIATION Atrornrys and Caunselors at Law 3200 Minnesota World'IYade Center 30 Bast Seventh Street Saint 1�aul, Minnesota 55101 Teiephone {612j �90-84Q0 Fan (612) 292-9347 3d04 Dain Bosworth PIaza 60 South Sixth Street Minneapoiis. Minnesata 554U2 'I�lephone (612) 34�-0700 F� {b12} 347-460Q June 2, 1995 RE: Mendata IVIall Associates/Contract for Frivate Development Dear Tom: JULiE WiDLEYSC1iNELL JEFFREY L SHIASBERG DAMEL C. BECK ERIC J. NYS7ROM JOANNE L MAIZEH GINAM. GROTHE FOLLPN PAiRICK W. WEBER CFiARIES A DURANC �o�►a�ra. asrr�rrcn CRAiGA.HRAND7 MICHAEL A. DUFFY JAMCS W. AffiRKR�iG CA2ii£RINL' A. DOMIfYGUEZ THERESB M. MAR50 MAISSAA.ARNDi �P�Y �' St. Faul SUZANNE M. SPELLACY 7'REVdR V. GUNDERSON BtAIR A. Ri}SENIiiAL MICF[A$L P. NOKIH KARBN L YASAAR hSAT!'HEW'L AOOS NANCY L MOERSCH BETH GERSIElN 7IMM AUDREY L S1�NISJ.{3 JOSEPFi 5. FR�BERG ofroume! DAMEL W. HARDY ofCownt! Enclosed herewith please find a revi�ed Gontract for Private Developinent to be entered into by and between the City of Mendata Heights and Mendota Mall Associates. I am arlso enclosing herewith a black-lined copy ref�ecting changes from the previous draft. As you will note, we have attemptetl to revise the Agreement in accordance with our recent discussions with the develvper and City st�tff. In addition, we have attempted ta simply and sharten the Contract for Private Development wherever possible without campromising the rights of the City, Please review the enc%sed redraft and give me a call with any questions or cvmments you may have. Very t�v1y yvurs, VYINTHI2QP & VVETNSTINE, P.A. Thom M, I�art ��%S1T:i65238-i Enclosures -� < CONTRACT FOR PRIVATE DEVELOPMENT b,y and between The Citp of Mendota Heights and �Viendota Mall Associates .Tune , 1995 � TABLE OF CONTENTS ARTICLE I. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 1,1. Deiuutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE II. REPRESENTATIONS AND WARRANTII+'S . . . . . . . . . . . . . . . . . . 4 Section 2.1. Representations bv the City . . . . . . . . . . . . . . . . . . . . . . . . . 4_ a. Status of City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 b. Compliance with Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 c. �To Warrantv as to Development Propertv . . . . . . . . . . . . . . . 4 Section 2.2. Rgpresentations, Covenants and Warranties by the Develo ,�r ... 4 a. Good Standing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 � Authori ....................................4 � nsen .....................................4 d. No Violation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � e. Title ........................................5 f. �ompliance with Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . � �. Energy Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5_ h. Permits and Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � '��. Cost of Project Improvements . . . . . . . . . . . . . . . . . . . . . . . � ,� Necessitv of Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . � k. Hazardous Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 1. MateriaLs Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 m. No Environmental Proccedings . . . . . . . . . . . . . . . . . . . . . . . 6 n. No Environmental Listin� . . . . . . . . . . . . . . . . . . . . . . . . . . � o. No Reauired Testin� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � pPapment of Project Costs . . . . . . . . . . . . . . . . . . . . . . . . . . ¢ g, Reliance .....................................¢ r. urvival .....................................6 �RTiCT F �_ Tl1VDERTAI�NGS OF CITY AND DEVELOPER . . . . . . . . . . . . . . 7 Section 3.1. Reimbursable Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 3.2. Public Costs . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . 7 Section 3.3. Conditions to City's Reimbursement Obligation . . . . . . . . . . . . 7 ARTICLE IV. CONSTRUCTION OF PROTECT IlVIPROVIIVIENTS . . . . . . . . . . . $ Section 4.1. Construction of Proiect Improvements . . . . . . . . . . . . . . . . . . $ Section 4.2. Construction Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 a. �pproval of Construction Plans . . . . . . . . . . . . . . . . . . . . . . $ b. Changes in Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ c. Effect of Citv Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 4.3. Completion of Construction . . . . . . . . . . . . . . . . . . . . . . . . . Q -i- ; Section 4.4. a. b. Section 4.5. a. b c. a. Completion of Project Improvements . . . . . . . . . . . . . . . . . . . Q Notification of Citv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q Additional Resnonsibilities of Developer . . . . . . . . . . . . . . . . 10 Maintenance of Public Easements . . . . . . . . . . . . . . . . . . . . 1Q TTtilitv Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Repair of Public Facilities . . . . . . . . . . . . . . . . . . . . . . . . . 10 Landsca�g Warranties . . . . . . . . . . . . . . . . . . . . . . . . . . .1Q ARTICLE V.INSURANCE .....................................� Section 5.1. During Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 a. General Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 b. Worker's Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 5.2. Other Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Q �ARTICLE VI. REIlVIBURSIIIZENT TO CITY UPON �iSSIGrtMENT AND TRANSFER ...........................................11 Section 6.1. Benefits of Tax Increment �nancing Assistance . . . . . . . . . . . � Section 6.2. Pro-rated Reimbursement of Tax Increment k�nancing Assistance .......................................11 Section 6.3. Lien on Propertv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 6.4. �essation of Gity Obligations . . . . . . . . . . . . . . . . . . . . . . . � Section 6.5. No Restriction on Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . � Section 6.6. Permitted �nancing; Intra-Familv Transfers . . . . . . . . . . . . 11 Section 6.7. No A.ssignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE VII. EVENTS OF DEFAULT: REMEDIES . . . . . . . . . . . . . . . . . . . 12 Section 7.1. �vent of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 a Failure of 1�melp Completion . . . . . . . . . . . . . . . . . . . . . . 12 �. Breach of Developer Obligations . . . . . . . . . . . . . . . . . . . . . 12 � �ankruptcv of Developer . . . . . . . . . . . . . . . . . . . . . . . . . .�2 Section 7.2. Remedies on Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . .�2 � Suspension of Performance . . . . . . . . . . . . . . . . . . . . . . . . 12 � Termination of Agreement . . . . . . . . . . . . . . . . . . . . . . . . �2 c. Suit for Damages . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . �2 Section 7.3. No Remedy Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 7.4. No Additional Waiver Implied by One Waiver . . . . . . . . . . . � ARTICLE VIII. ADDITIONAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.1. Conflict of Interests; City Representatives 1�Tot Individuall� L�'able ..........................................13 Section 8.2. �Ton-Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.3. Equal Emplovment O�nortunity . . . . . . . . . . . . . . . . . . . . . 13 � Emplo,� ...................................13 b. AdvertisinQ .................................. 14 c. ontra ...................................14 Section 8,4. Truck Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 -11- Section 8.5. Frovisions Nat 1VIerged Wiih Deed . . . . . . . . . . . . . . . . . . . 14 Section 8.6. Titles of Atrticles and Sections . . . . . . . . . . . . . . . . . . . . . . 14 Section 8.7. �Taiices and Demand� . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 a. Developer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 b. it ...............................:.......15 Section $.8. Indemnifi tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �5, - a. ReIease of Citv . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . i5 bIndemnification of Citv . . . . . . . . . . . . . . . . . . . . . . . . . . �5_ c. Reimbursement of Costs ' . : . . . . . . . . . . . . . . . . . . . . . . . . 15 d�azardous Waste Indemnity . . . . . . . . . . . . . . . . . . . . . . . 15 e, � �� 'utcremeni Indem�ity . . . . . . . . . . . . . . . . . . . . . . . . . 1G f Redaetion in State Aids . . . . . . . . . . . . . . . . . . . . . . . . . . . �¢ Section 8,9. Cov�nants of Princip�l . . . . . . . . . . . . . . . . . . . . . . . . . . . �.6_ Section $.10. vernin� Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � �ectian 8.11. Time is of ihe E,ssence . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 8.12. Counterparts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ld Section l�.13. Interpretatian and S�verabilitv . . . . . . . . . . . . . . . . . . . . . . 1 r - Section 8.14. Successors and Assi�;ns . . . . . . . . . . . . . . . » . . . , . . . . . . . 1� Section �.i5. ModificationlEn#ire Agreement . . . . . . . . . . . . . . . . . . . .17> . CONTRACT FOR PRIVATE DEVELOPN�NT THIS CONTRACT FOR PRIVATE DEVELOPMENT ("AGREEMENT"), made on or as of the day of -r �< une> ,1995, by and between T� CITY OF MFNDOfiA I�IGHTS (the "City"), a statutory city of the 5tate of Minnesota, having its principal offices at 1101 Victoria Curve, Mendota Heights, Minnesota 55118 and <MENDOTA MALL ASSOCIATFS>__, a Minnesota partnership (the "Developer"), with its principal office at 2227 University Avenue, St. Paul, Minnesota. 55114-1677. WITNES5ETH: . . ..�. . _ .:- - _ - .: : WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Chapter 273, as amended and recodified (the "Act"), the < i> Council < of the Cit ►�(the "Council") > is authorized to establish development districts in order to provide for the development and redevelopment of the City; and WHEREAS, pursuant to the Minnesota Ta1c Increment Financing Act, Minnesota Statutes, Sections 469.174 et. seq. (the "Tax Increment Act"), as amended, the Council is authorized to finance the capital and administration costs of a development district with tax increment revenues derived from a tax increment financing district established within such development district; and WHEREAS, the Council adopted the Development Program (the "Development Plan") on May 5, 1981 creating Development District Number 1(the "Development District") pursuant to the Act; and,, vVHTREAS, in connection with the Development Plan th� Council has established a tax increment financing district pursuant to the Tax Increment Act (the "Tax Increment District"); and WHEREAS, the City believes that the development of the Development DistFict pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the best interests of the �City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and pmvisions of applicable federal, state and local laws under which the Development Plan is being undertaken and assisted; NOW, THEREFORE, in consideration of the foregoing premises and the mutual pmmises, representations and undertakings of the parties hereto, each of them does hereby covenant and agree with the other as follows: -1- ARTICLE I. ' DEFINI'I'ION5 Section 1.1. Definitions. When used in this Agreement the following terms shall have the meanings specified in this Article I. Each definition or pronoun herein shall be deemed to refer to the singular�� < or > plural , ', as the context requires. 'E�z6xa�-aa� �a�z r� u� �+ u�r�v� u�i'�iv ° "^�a=��etii�a"'�a ...t.,... , ..�a-'� > > > > Y�iL'G2'GIIGTi'T +.�. 4i�i A _ _ -� t. � i 4L. �...4�.vL ..... � nuvav� uaaa�u�a a.0 �v ~v.l � 'BC121.."�T "Act" means the Municipal Development Districts Act, Minnesota Statuies, Chapter 273 as amended and recodified. "Actual Knowledge" means, with respect to any representation made herein, the awareness of facts or information, or the absence of facts or information, by a natural person, or, in the case of a legal entity, any officer of such entity. For purposes of this Agreement, Actual Knowledge shall include any facts discoverable by any person in the exercise of reasonable diligence. �� > > • �� ' ^ < "Ci 1'IF Pavment" means the � • amount pavable by the City to the Developer pursuant to Section 3.1 hereof. > "Construction Plans" means the plans, specifications, drawings and documents related to the Development Property and the cpnstruction work to be performed by the Developer on the Development Property in connection with the < Proj ect > Impmvements, all of which shall be subject to approval by the City <. and which shall include without limitation all drawings. illustrations and other artistic renderin�s of the Proiect.>f „ • �� "County" means the County of Dakota, State of Minnesota. "Developer" means Mendota Plaza Associates, a Minnesota partnership. "Development District" means Development District Number 1 created by the City pursuant to the Development Plan. "Development Plan" means the Development Program for Development District Number 1 adopted by the Council on May 5, 1981, as the same has been and may hereafter be amended. "Development Property" means the real pmperly legally described on Exhi it A attached hereto and incorporated herein. "Event of Default" means an action or occurrence described in Section 7.1 of this Agreement. -2- ..:: . :: : - : : • - - _ ._ .. _ - `- �- - �- -- �- - :: _ :: :, - - - �- � . �- -- �• - - : „- . "Permitted Transfer" means any conveyance or disposition of the Development Properiy or the Developer which is excepted from the definition of Transfer set forth in this Article. •- - • - . . - .: - - - ,.: - - - - - - -.: - -- - - .._ - "Project" means the constiuction of the <Project> Impmvements on the Development Property. <"Project Improvements" means. collectively (i) the replacement of the parking surface on the Development Proper�y, (u) the construction of a stvrm sewer stem servin� the parkin� lot of the Development Prapertv. (rii) impravements to the acce�ss lanes and curbing on the Development Prop�rtv, and driveway onto Doc�d Road from the Development Propertv. (ivl installation of additional site lighting, (vl construction of a right turn lane on Dodd Road for access to the Development Property, and (vi) additional site landscaping, all of the foregoing being in accordance with the Construction Plans. > "Reimbursable Costs" means the Project costs for which the City is partially reimbursing the Developer pursuant to this Agreement, as set forth in the column labeled -�� <"EG�ible> Ciry Costs" on Exhibit B attached hereto and incoiporated herein. Under no circumstances shall Reimbursable Costs include any portion of the cost of replacing or repairing the parking lot surface on the Development Properiy. ,: - -- - - - - - -- - .. - - -; -- _ - .:-- -- "Tax Increment Act" means the Tax Increment Financing Act, Minnesota Stanctes, Sections 469.174-469.179, as amended. "Tag Increment District" means Tax Increment Financing District Number 1 created and amended by the City pursuant to the Tax Increment Plan adopted in connection with the Development Plan. "Tag Increment Plan" means the Tax Increment Financing Plan adopted by the City on May 5, 1981, in connection with the creation of the Tax Increment District, as the same has been or may be amended fmm time to time. -3- "Tax Qf�cial" means any City or county assessor; Caunty auditor; City, Couuty or State baafd of equalization, the commissioner of revenue of the State, or any State or federal district court, the ta�c court of the State, ar the Sfiate Supreme Court. <"Tatai Praj,ect Cast" mean� the actuai a�r,�gaie c.ost incurred bv the I}eveloper in en�ineerin� designin,g and co ruGtin� the Project Impravements, certifi�d to the City by the Developer as set iarth in Se.c�iou 3.1 hereaf: > "T�t�sfex'" means any cessatian of passession of the Development Properiy or the �:��- < Proiect > Improvements by the Developer for any reason. "Unavoidable Delays" means delays which are thE direct result of strikes, shortages of materials, war or civil commotion, delays which ar� the dirrect resuit af unfareseeable and unavoidable casualties to the -�� Proj ect > Impmvements, the Uevelopment Properiy ar the equipment used to canstzuct the -�E��- <Projeci� Improvements, delays wluch are the dir�ct result of governmenkal action or inaction beyond the control of Develaper, delays wbich are the direct resvlt of judieiai action commenced by tlsird parties, citizen oppositian or action affecting the Pmject ar adverse weather conditions, or to any other cause or action beyand the reasonable control af the pariy se�l�ing to be excused as a result of its accurrence. � ARTICLE II. ' ' • � � 1 : : ►M.,�II Section 2.1: Representations by the City, The City makes the following representatians as ihe basis far the undertaking on Xts part herein contained: a. 5tatus of C�ty. The City �s a stalutory city of the State with all the powers of a statutory city of the fourth class duly arganized and eanisting under the laws of the State. Under the pravisions of the Act and any other agplicable laws, the City has the power to enter inta this Agreement and carry out its obligations hereunder. b. Compliance with Law�. The City has created, adopted and approved the Develapment District, the Development Plan, and Tax Increment District in accoz�dance with the respective terms of the Act and the Tax Inerement Act, and the same remaitt in full force and effect. c. �To Warranty as to Development Fra,per . F�ccept as specifically grovided herein, the City makes no representation, guaranty or warranty, either express or implied, as io any matter, including specificall.y, but without Iimitatian of the generality of the foregoing, (i) the state of title to or the condition af the Develapment Praperty, {iij the suitability of the Develogment Praperiy for the Develaper's purpc�ses or needs, or (iii) the economic feasibility of the Project. Section 2.2. Representations, Covenants and Warranties bv the Developer. The Developer represents and warrants that: -4- a. Good Standing. Developer is a general partnership duly organized, validly existing and in good standing under and pursuant to the laws of the State of Mi.nnesota and has full power and authority to enter into and perform its obligations under this Agreement and the transactions contemplated hereby. The managing partner of the Developer is Edward J. Paster. b. Authori . This Agreement has been duly and validly executed and delivered by Developer and constitutes the valid and binding obligation of Developer according to its terms, enforceable agai.nst Developer except as the enforcement thereof may be limited by baakruptcy and other laws relating to creditors' rights < generally> or general principles of equity. The execution of this Agreement by Developer has been duly authorized by the appropriate -� �-��- < partners > of Developer, and no further < partnership > action is required for the performance by Developer of its obligations hereunder. c. en . Pxcept as disclosed in this Agreement, no consent, appmval, order, authorization, registration, declaration, filing, waiver or notice to any government entity or third party is reqLired or necessary to be obtained by Developer in connection with the execution, delivery and performance of this Agreement. d. No Violation. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, the acquisition, construetion and development of the Development Pmperty, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflict with or result in a breach of, the terms, conditions or pmvisions or any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Developer is now a pazty or by which it is bound, or constitutes a default under any of the foregoing. e. fi� itle. Subject to the provisions of Section 6.2 (Consequences of Transfer), the Developer is and shall be the owner of the Development Property. Except for matters disclosed in this Agreement, there are no pending or threatened claims, lawsuits, or disputes with respect to the Development Properiy or Developer's ownership thereof. f. Compliance with Laws. The Developer shall operate .and maintain the < Proj ect > Improvements in all material aspects in accordance with the terms of this Agreement, the Development Plan and all applicable local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). g. Energv Conservation. The Developer shall construct the < Project > Improvements in accordance with all applicable local, state or federal energy-conservation laws or regulations. h. Pertnits and Licenses. , <The> Developer shall obtain, in a timely manner, all required permits, reviews, clearances, licenses and appmvals, and will meet, in a timely manner, the requi�ements of all -5- applicable iocal, state and federal laws and regulations which must be obtained or met before the �� < Project > Improvements may be lawfully conshucted. i. �ost of �� <Project> Improvements. The Developer covenants that the cost of the -FA�� < Proj ect > Improvements to be completed on the Development Property shall be not less than $4(}0,000.00. j. �Tecessity of Assistance. The Developer acl�owledges, represents and agrees that, but for the assistauce provided by the City under the Agreement, it would not be able to undertake the Project within the forese�able future. . e > > �ege�y-�- < Attached hereto and incoraorated herein as Fxhibit C is a�etter from Developer's independent certified public accountants which su�norts the foregoing representation. > . . <k. Hazardous Waste. Otherthan (i) small guantities of material used or sold in the ordinarv course of business bv tenants of the Development Propertv and (ul common construction materials used in connection with the iinstallation of the Project Improvements. no> asbestos, uma formaldehyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, l�own carcinogens, petroleum products or other pollutants, contaminants, chemicals, materials or substances defined as "hazardous waste," "hazardous substance," "hazardous constituent," "solid waste," or "toxic substance" (all of the foregoing are referred to collectively hereinafter as "Hazardous Materials") the release or disposal of which is regulated by any federal, state or local statute, regulation, order, treaty, code, publication or ordinance (or any amendment thereto) related to human health or the environment including, without limitation, any law, �,egulation or ordinance concerning the pmtection and preservation of natural resources, air, water, noise or soil pollution or contamination, or Hazardous Materials use, generation, storage or disposal, ("Environmental Law") are, to the best of Developer's Actual Knowledge, located on, in, about or under the Development Property, and, to the best of Developer's Actual Knowledge, none of Development Properly has ever been utilized for the storage, manufacture, disposal, handling, transportation or use of any Hazardous Materials. - -�-�- < 1>. Materials Permits. All permits, licenses and similar authorizations and approvals necessary or required under all Environmental Laws, including those for any Hazardous Materials stored, used or manufactured within or on the Development Property have, to the best of Developer's Actual Knowledge, been obtained, are being complied with and are in full force and effe�t, and the Developer has complied with all other reporting, filing and other requirements under the Environmental Laws. -E��- <m>. No Environmental Proceedings. There are no existing, pmposed, threatened, or pending investigations, administrative proceedings, litigation, regulatory hearings or other actions concerning any the Development Properiy and alleging C� noncompliance with or violation of any Environmental Law or relating to any required environmental germits or licenses. -Fe-�- < n>. �To Environmental Listin�. No portion of the Development Property is listed in the United States Environmental Protection Agency's National Priorities List of Hazardous Waste Sites nor any other list, schedule, log, inventory or record of hazardous waste sites maintained by any federal, state or local agency. -E� < o>. �To Required Testing. The Developer has not received any written notification from any city, county, state or federal governmental authority, agency or instrumentality requiring any work or testing to be done on or about the Development ProPerty . . . � � n n . � . . . . <p. Pavment of Project Costs. The Developer does not intend to x�equest reunbursement from any tenants or occupants of the Development Propertv of anX capital expenditures constituting part of the Total Project Costs. > -4-r->- < q>. Reliance. The �foregoing representations, wartanties and covenants are made by Developer with the lrnowledge and expe�tation that the City is relying thereoii. �s�- < r>. rvival. The foregoing representations, warranties and covenants, together with any and all other representations, wananties and covenants contained in this Agreement, shall survive consummation of the transactions contemplated by this Agreement. . ARTICLE III. �JNDERTAKINGS OF CITY AND DEVELOPER Section 3.1. <Reimbursable Costs. Subject to the terms and conditions hereof> �P�ee � � . - .::: - - - :: .::. .::: - - _ - -- -- ,;- - - - -7- �, ,.� �:� �:e.. .. ,. � .. ..n ,. ..�....,.E,..... .,..a ,,,,��,� �,._.. .. ..�_.:.,,. �,.�.,... ,. .�...,�,,..:,,�.. � � •,rr � o �.}'�e�}.�'�; � 4 11�:w «. T.« 1� a/::\ n �s�r�c�t��v�t».� n�.•1�i.... f �i nfir�er ��CQ ZI{. iVi1W{.111 i , the City shall pay and reimburse the Developer for the -E '�- <"Eligible > City Costs" portion of Reimbursable Costs, as set forth on ' it B, actually incurred by the Developer in connection with the -�� <Project> Improvements; provided, however, that in no event shall the City's portion of Reimbursable Costs exceed <the lesser of li) > T�vo Hundred Thousand and 00/100 Dollars ($200,000.00) <or (ii) fiftv percent (50%1 of the Total Project Cost>_. The City's portion of any "Contingency" costs for site lighting shall not exceed 50 � of such contingency costs. < The City Tl�' Payment shall be paid in two installments. The iust such installment shall not exceed One Hundred Thousand and 00/100 Dollars ($100.000.001 and shall be pavable at such time as Developer has delivered to the Citv (i) a sworn construction statement reflecting all costs incurred in connection with construction of the Piroject Improvements to date and certified bv the Developer to the City in form reasonably acceptable ta the City. reflecting that Developer has thus far incurred not less than One Hundred Thousand and 00/100 Dollars ($10{1,000.Q0) in "Eligible Gitv Costs" as set forth on Exhibit B hereto: and (u) lien waivers from all contractors and subcontractors supplving labor or materials in connection with the Proiect Improvements to date: and (iul evidence acceptable to the The second installment of the City TIF Payment shall be made upon final completion of the Project and presentation to the Citv bv the Developer of (i) lien waivers from all contractors and subcontractors supplvin� labor or materials in connection with the Project: and (ii) a sworn construction statement reflecting all costs incurred in connection with completion of the Project improvements and certified bv the Developer to the City in form reasonably acceptable to the Citv. > Section -F3.3�- <.2>. Public Costs. The City and the Developer hereby stipulate and agree that the assistance pmvided pursuant to this Agreement is intended to reimburse the Developer for the Reimbursable Costs (or portions thereofl listed on Exhi it B attached hereto, and that such assistance is in furtheiance of the purposes of the Development Plan, the Act, the Tax Increment Act, and/or necessitated by the unique characteristics of. the Development Property andlor the topogiaphy of the Development Properiy site. Subject to all other terms and conditions set forth herein, the City agrees to pay to the Developer up to the �� <"EGgible> City Costs" portion of each line item on xhibit hereto upon completion of that portion of the Project described at said line item <, subject to the limitations set forth in Section 3.1 above> : The balance shall be held by the City or its designated escmw agent pending, and to secure, final completion of the �-�� < Project > Improvements and will be disbursed to the Developer at the tune of confirmation by the City of such final completion. Section -��4-� < 3.3 >. Conditions to City's Reimbursement Obligation. In connection with performance by the City with respect to its other obligations pursuant to this Agreement, and as a condition precedent thereto, the City may, in its sole discretion, require the Developer to (i) submit_ evidence of compliance by the Developer with the terms and conditions of this � Agreement, {u} provide an apinian of counsel ac�:eptable ta the City that the fu�ancial assistance provided hereunder is a permissible expenditure of funds pursuant to the Act and the Tax Increment Act, (iii} provide evidence of the availability of financing far the Develaper's portion of the cost of the �� _< Praj ect � Improvements, < and >(i�) �e�i�� pay ane l�alf of the City's e�enses of counsel in cannection with the preparatian, executian, and filing of this Agreement and consummation of the transactian contemglated hereunder. ARTICLE N. � �' � � �'- � -- � = �:; �ri•.i's.. ' ' � �!,_ 1 J . f _►hS 1.�! Section 4.1. �ansttvction of -w'a��- � i'raject> Improvements. The I�evetoper agrees that it will construct the �R��-�► <�jg�.� Impmvements on the Development Praperiy in accordance with the approved '' < Constrciction Plans > . Section 4.2. '' �Canstraction Plans> . Priar to commencement of constn�ctian af the ��4��-�- < Praject > Iamprovements, the Developer shall submit the c Construction Plans � to the City for appmval. The < Gonstr�ctian P�ans > shall be cansistent in all respects with any description of the Project provided ta the Council by the Develoger in connection with the Developer's request fax assistance pravided purs�ant ta this Agr�ment. The City may reject the � Constru�tion Plans >,, or request changes thereto, in its sale discretion. a. �FPraval af ' ' < Construction PIans > . The City's performance hereunder is conditioned upan and subject in its entirety to its review and appmval of the < Co��s�truction 1P ans y, and upon compliance by the Developer with all applicable laws and satisfactian af all City requirements {iucluding glaxuung and zaning, buiiding codes, etc.) for prajects of this nature. b. Chan�es in Plans. If the Developer desires to make any material change in the < �onstructit�n Pians > , the Developer shall � fi > submit the proposed change to the City for its appmval. The Developer aeknawledges that ugan entering tlus Agre,ement, the City in no way waives its right of final approval of materials an.d submissians reqnired herein, including, but not Iimited to, fmal Construction Plans, and the City expressly resezves its right ta deny agpmval of any plans and permits should the Develaper fail to proceed in accordance with this Agreement andlor fail to perfoxm in tota2 cflmpliance with the obligations herein and the requirements of the City's Zoning Ordinance and City's Subdivision 4rdinance and other applicable City cades and vrdinances affecting the Con�uctian Plans and/or the Development Properiy. � c. Effect of Citv Approval. Except as specifically provided in writing by the City or any department or o�cial thereof for the specific, limited purpose of such writing, the approval of the < Construction Plans >(or any amendments thereto) by the City or the Council shall not constitute a representation or warra.nty that such plans, the < Proj ect > Improvements, or the Development Properly comply with any applicable building code, health or safety regulation, envu�onmental law, or other law or regulation, or that the �� < Project > Improvements will meet the qualifications for issuance of a certificate of occupancy. Appmval of the Developer's plans by the City or any �department or official thereof shall not constitute a waiver by the City of any Event of Default occurring hereunder. Section 4.3. Completion of Construction. 5ubject to Unavoidable Delays, the Developer shall achieve final completion of the constcuction of the -E�� < Proj ect > Improvements on or before October 1, 1996. All work with respect to the -FA��a3-� < Proj ect > Improvements to be constiucted or provided by the Developer on the Development Property shall be done in a good and workmanlike manner with quality materials and in strict compliance with the G Construction Plans > as submitted by the Developer and approved by the City. Developer hereby grants the City reasonable access to the Development Properiy and the < Project > Improvements. The Developer agrees for itself, its successors and assigns, and every successor in interest to the Development Property, or any part thereof, that the Developer, and such successors and assigns, shall diligently pmsecute to completion the development of the Development Properiy through the constiuction of the --E�� < Project > Improvements thereon, and that such constiuction shall in any event be completed within the period specified in this section. During construction of the <Project> Improvements, the Developer shall make reports, in such detail and at such times as may reasonably be requested by the City, as to the actual progressy,of the Developer with respect to such constivction. Section 4.4. Completion of <Project> Impravements. a. �Totification of Citx. The Developer will notify the City when construction of the < Proj ect > Improvements has been completed. The City shall have the right, but not the obligation, to inspect the Development Property andlor the <Project Imnrnvements at anytime during the construction af the Project Improvements> . Inspection of the Development Properiy by the City shall not constitute a representation or warranty by the City that the Development Property or the < Proj ect > Impmvements comply with aay applicable building code, health or safety regulation, zoning regulation, environmental law, that the �m� < Proj ect > Impmvements will qualify for a certificate of occupancy, or that the <Project> Improvements will meet the requirements of Developer or any other user of the �a� < Proj ect > Improvements. -10- b. Notice of Defects. If the City shall find the state af the -4A�� Proj ect > Improvements or Developer's documentary evidence thereof unacceptable, the City sha11, within ten (10) days after written reqnest by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the -��-�- < Proj ect > Impmvements in accordance with the pmvisions of the Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the City, for the Developer to take or perFaim in order to remedy any such conclition. Se�tion 4.5. Additional Responsibilities of De�eloper. a, Maintenance of Public Easements. The Developer will nat constiuct any building, stYucture, or impmvement on, over, or within the boundary lines of any public utility easement unless such constiuction is pmvided for in such easement oz has been appmved by the ntility involved. b. Utility Installation. Developer shall be zesponsible for any cost of relocation af any eacisting public or private utiiities which may be caused or necessita.ted by the construction of the ��- <Project�► Impmvements and any utility access charges payable in connection therewith. c. �tepaiur af Public Faciiities. Developer shall, at its sale cast and expense, r+eplace any public facilities or public utilities damaged in cannection with the construction of the �� <Project � Improvements in accordance with the technical specifications, standards and practices of the owner thereof. �C d. La�dscaping Warranties. Developer shall provide ta the Cit�. at the time of ga �ment of the finat in6�tatlment of the Citx'TIF Pavment, copies of all warranties � for the landscapin� canstituting,part of the Pro,�ect Improvement.�. At all �imes dnrin,� the term of this Ag�reement. the DeveIoner shall exercise all reasonable �fforts to enforce such landscaning warranties and shall otherwise maintain the. landscapin� covered therebv in gaod condition. > ARTICLE V. INSXTRANCE Section 5.1. T)vrin,� Devetopment. The Deve2aper shall provide and maintain at all tames during the process of constructing the -�� < Project > Improvements for the benefit of the Develaper and the City and, from time to time at the request af the City, furnish the Ciry with proof of payment of premiums on. a. General Liabilitv. Comprehensive genexal liability insurance (including liability � arising from operations, contingent liabiliry, ogerations af subcontractors, completed operations and contractual liability insuz�nce) together with an Owner's Contractor's - Palicy with Iimits against bodily injury and pmperty damage of not Iess than , -11- $3,0(}O,OQO for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used). b. Worker's Compensation. Worker's compensation insurance, with statutory coverage. . Section 5.2. Other Terms. All insurance required pursuant to this Article shall be taken out and maintained with insurance companies reasonably acceptable to the City and authorized under the laws of the State to assume the risks covered thereby. The Developer will deliver to the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in full force and effect. ARTICLE VI. �, � . ... , � � . �. . , � !� � ...., ... .;,._:.. � � � � � � � � � � . . Section 6.1. •'�,� „��'� „� �'-�* �� , �,, , <Benefits of Tax Increment �nancing Assistance. The Developer acknowledges and agrces that the tax increment �fmancing assistanc� being provided bv the City hereunder is a direct and material bene�t to the Development Prop� and the fair market value thereof. The Developer fur�her acknowledges and agrees that the City is providing such tax increment financing assistance based upon the understanding that the Developer shall remain the fee owner of the Development Property for a period of not less than five (� years from and after the date of completion of the Project Improvements>. Section 6.2. a < Pro-rated � Reimbursement of Tax Increment �nancing Assistance. Subject to Section 6.6 hereof. in � the event of anv sale. assignment, conveyance. lease (outside of the ordinarv course of businessl or other transfer. voluntarilv or involuntarily, of all or any portion of the j Development Property within a five (5l ,year period from the date of the final Ci ,ty TIF � Pavment. the Developer shall immediately pay and reimburse to the Citv a portion of the '� �ggregate City TIF PaYment based on a fraction the denominator of which shall be 1,825 �365 davs x 5 vears) and the numerator of which shall be the number of davs remaining -- '• after the effective date of anv such sale, assi�nment. conve �� ance, lease or transfer �collectively. "Transfer"1 until e�cpiration of said �ve xear period. > -12- Section 6.3. e�Bei�e}e�re�re�eef; ��e�e;�el�e�er-3re��s-��-a�e�'� <Lien on Propertv. The abiigation af the Develaper to reimburse the Citv a poartion of the City TIF Pavment hereof upon the effective date of anv Transf'er shall constitute a lien on the Devel�pment Propertx and shall be. along with all ather terms and prvvisions of this Agreement. fullY bir�din� upon anv successors or assign� of the Developer. > . . > > > � M � i . s > > � . . � . � . � • � » � . . e�- < S�tion 6.�4 �. Cessatian of Ci� Ubv�ations. Any Transfer af the Development Properiy, < ar any p,Qrtion th�reof or interest therein >, shall relieve the City <� at t e City's aption, > of any and all obligations under this Agreement. �< ection 6.5 >.�To Restriction Rn Sal�, Nothing in this Section shall constitute a restraint on alienatian ar pmhibition with r�s�� to the -�ee��+�a�- < Transf+��> of the Development Property. Section �-6�: -� � .6. > �'ernauitted �e��s� � F'inancin,�; Intra-Fami1X T�aa�,sfers >. Nothing herein shall prohibit ar pr�vent the Developer fx�am encumbering the Development Properiy in arder ta obtain suitable, bona fide financing in connection with the development, construction, ownership, e�ansion or r�storation of the Development F�operiY or the <Project Improvements. or (u) transfearrin� the I}eveiopment Property to memhers of the innamediate fam�iiv of Edward j. Paster or an entitv own,ed and controlled b�Edward T. Paster or members af his immediate famil�. Sectian -�-6��- < 6.7 >. No Assignment. Exc.�pt as pmvided in this Article, this Agre�ment and the rights, duties and obligafions af the Deveioper hereunder shall not be assigned, conveyed, or transferred, and an�r purported tsansfer in violation of thi.s provisian shall be null, void, and of no effect. -13- ARTICLE VII. EVENTS OF DEFAULT: RIIVIEDIES Section 7.1. �vent of Default. The term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context othe�vise provides): a. �ailure of Timelv Completion. � Failure by the Developer to complete the Development Properiy on or before the date specified in Section 4.3 (Completion of Construction) in conformance with the terms, conditions, and limitations of this Agreement; b. �reach of Developer Obli�ations. Failure by the Developer to observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement and the continuance of such failure for ten (10) days after written notice thereof from the City <provided. however. that if any such �ailure cannot reasonablv be cured within such ten day ueriod. Developer shall be entitled to an additional period, not to exceed a total of ninetv (90) days. within which to cure such failure so long as Developer commences its efforts to cure such failure within such ten-dav neriod and procceds diligently thereafter to effect such cure>; or c. Bankruptcv of Developer. A petition of, or claim for relief in, banktuptcy or insolvency is filed pursuant to any current or future banl�uptcy or insolvency laws naming the Developer as debtor, and such petition is not dismissed within ninety (90) days of the date of filing thereof. ` Section 7.2. Remedies on Default. Whenever any Event of Default occurs, in addition to all other remedies available to the City at law or in equity or elsewhere in this Agreement, the City may take any one or more of the following actions: a. Suspension of Performance. The City may suspend its performance under this Agreement until it receives adequate assuiances from Developer that Developer will cure the Bvent of Default and thereafter remain in compliance with its obligations under this Agreement and all related or collateral agreements with the City. The right of suspension of performance hereunder shall apply not only upon the occurnence of an Event of Default but also upon the occurrence of an event or condition which with the giving of notice or passage of time would constitute aa Bvent of Default. b. Termination of Agreement. The City may terminate this Agreement, cease any and all performance under this Agreement, and pursue all available remedies. c. Suit for Damages. The Ciry may initiate an action seeking damages, specific � performance, or any other relief available at law or in equity, other than and except for ' the remedy of specific performance. The parties hereby agree that all costs, direet or -� indirect, paid or incurred by the City in connection with this Agreement or the Project, ' including without limitation all sums advanced to or for the benefit of the Developer � -14- hereunder and the costs of pursuing the City's remedies hereunder, shall constitute damages of the City for purposes hereof. Section 7.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the parties is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement, whether now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entifle the parties to exercise any remedy reserved to them, it shall not be necessary to give notice, other than such notice as may be required by this Article VII. Section 7.4. �To Additional Waiver Implied bv One Waiver. Ia the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall tie limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE VIII. ADDITIO�TAL PROVLSIONS Sec�ion 8.1. Conflict of Interests: Citv Representatives Not Individually Liable. No member, official, or employee of the City shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, . or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, association or other.entity in which he is, directly or indirectly, interested. No member, ofFicial, agent, or employee of the City shall be personally liable to the Developer, or any successor i� interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or successor or on any obligations under the terms of the Agreement. Section 8.2. Non-Discrimination. During the term of this Agre�ment, the Developer shall not discriminate upon the basis of race, color, creed, sex, affect�ational preference, age, religion or national origin in the sale, lease, or rental or in the use or occupancy o� the Development Property or the < Proj ect > Impmvements erecteri or to be erected therean, or any part thereof. The provisions of Minnesota Statutes Section 181.59, which relate to civil rights and non-discrimination, are hereby adopted and incorporated as part of this Agreement as if fully set forth herein. Section 8.3. Equal Emplovment Opportunitv. Developer agrees, for itself and its assigns, that during constxuction of the -�A4�� < Project > Improvements: a. Employees. Developer will not discriminate against any employee or applicant _ for employment because of race, color, creed, religion, ancestry, gender, affectational preference, disability, age, marital status, status with regard to public assistance, or : national origin (each such status is referned to hereinafter as a"Protected Class"). -15- Aeveloper will take affirmative action ta ensure that applicants are emplvyed, and that employees are treated during employment, without regard to membership in any Protected Class. Devaloper shall fiuther abide by all other applicable federal, state and lacal laws regarding equal employment apporiunity. b. Advertisin�. Developer will, in all solicitations or advertisements for employees "placed by or an behalf af Developer, state that all qua[if�'ied applicants will receive consideration for emplayment without regard to membership in any Pmtected Glass. c. ,(�,ontra . Developer will include the provisions af this 5ecaion 8.3 in every cont�act, suiacontract and purchase arder, sa that such provisians will be binding upon each such cantractar, subcontractor, or vendar, as the case may be. Developer will take such actian with res��ect to any cvn#ract, subcontraci or purchase order as the City may direct or advise as a means of enforcing such provisions, including sanctions for non-compiiauce. < Section 8.4. Trc�ck Parking. Within thirty E34) davs after the daie hereaf, the Developgr shall desi�nate an area of the parking lot serviang the �evelopment Property in a location acceptable �a the Citv for the �arking af semi-trailer� and other commercial trucks on or about the Development Pr,�pertv. The Developer shall exercise all reasanable effarts during the term of this Agreement iv r�parking an the I}evelopment Pr�per of sgmi-irailers and other trucks to the d�signated area. �► Section �4-�- <.5 >. Provi�ions Not Merged With Deed. None of the pmvisions af this Agreement are intended to or shall be merged by reason of any deed tra.nsferring any interest in the Development Pmperiy and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Sectian -E-5:�-�- <.>. Titles af Ar#icle� and Sections. Any titles, headings, or captians of the several parts, articles, and secti�ons of the Agreement are inserted for convenience of reference anly and shall be disregarded in construing or interpreting any of its pmvisions. SecEian �-5:�-�- <'1 >. _ aii�s and Demands. E�cccept as otherwise e�ressly pr+avided in this Agreement, a notice, demand, or ather communication under the Agreement by aay party to any other pariy shall be su�cientiy given ar delivered if it is ciispatcheti by regi�stered or certif"ied mail, pastage prepaid, return receipt requested, or delivered personally; and a. Developer. In the case of the Developer, is addressed to or delivered persanally to the Develaper at: Mendata. �;�-�- <Mall> Associates 2227 University Avenue St. Paol, Minnesata SS1141677 Attn: Mr. Pdwazd Paster -16- b. C�. In the case of the City, is addressed to or delivered personally to the City at: • City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 Attn: City. Administrator or at such other address as the City may, from time to time designate ia writing and fo�vard to the Developer. Section -�-5�� < >.�ndemnifcation. The Developer shall cooperate with the City with respect to any litigation commenced with respect to the Development Plan or the Project. Except for any willful or wanton misconduct of the City, its employees, Council members, officers or employees, the Developer shall save, hold harmless, and indemnify the City from and agai.nst any and all costs, including reasonable costs of defense incurned by the City through an attorney of its choosing, with respect to any litigation in connection with the Project or this Agreement. a. Release of City. Developer agrees, that anything to the contruy herein notwithstanding, the City and its agents, officers, Council members, and employees shall not be liable or responsible in any manner to the Developer, the Developer's contractors, suppliers, vendors, material men, laborers, lienors, mortgagees, or to any other person or persons whomsoever, for any claim, demand, damage, cost, or loss of any ldnd or character arising out of or by reason of the execution of this Agre�ment, the transactions contemplated hereby, the acquisition, constiuction, installation, ownership or operation of the Project, the <Project> Improvements and/or the Development Property. b. Indemnification of Citv. The Developer shall indemnify, save and hold harniless the City from and against any and all claims, demands, aetions or causes of action (including specifically, but without limiting the generality of the foregoing, the costs of defending the same, costs and expenses for City administ,rative time and labor, costs of engineering and planning services, costs of all legal services rendered, direct out-of-pocket expenses incurred in connection with defending such claims, and amounts paid as damages or in settlement or compromise of any such action or p�ing) as may be bmught against the City for acts or omissions in any way related to the construction, operation or financing of the <Project> Improvements, and/or the Development Properiy. c. Reimbursement of Costs. Developer shall reimburse the City for any and all costs and expenses, including without limitation, attorneys' fees, paid or incun�ed by the City in connection with or relating to enforcing performance of (or seeking damages for Developer's failure to perform) any covenant or obligation of Developer under this Agreement. -17- d. Hazardous Waste Indemnity. The indemnification obligation of Developer shall include, without limitation, any liability, damages, claims or costs incurred or asserted against the City relating to the alleged presence or release of hazardous or toxic substances on, under or about the Development Property. e. Tax Increment Indemnitv. Developer shall further save, indemnify and hold harmless the City from and against any and all costs, damages, liabilities or expenditures incurred by the City pursuant to Minnesota Statutes Section 469.1771, subd. 3, as a result of the assistance provided to the Developer pursuant to this Agreement. f. Reduction in State Aids. Developer shall further save, indemnify and hold harmless the City from and against all costs, damages, liabilities or expenditures incuned by the City in the event that local government aid, homestead and agricultural credit aid or other aids or payments to the City from the State of Minnesota are reduced under Minnesota Statutes, Section 273.1399 or other law. < The liabilitv of the Developer to the City pursuant to subsections e. and f. above shall not exceed the aggregate amount of the Citv TIF Pavment and shall be deemed terminated if no claims are asserted against the City or. in the case of subsection f.. no aids or pavments to the Citv are reduced prior to the expiration of the applicable statutes of limitation for anp such claims or reductions in aid. > Section �&.�-�- < 8. >. Covenants of Principal. All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any Council member, officer, agent, servant, employee, independent contractor, consultant and/or legal counsel of the City. - Section �5:9-�- <8.10> . Governing Law. The parties agree that this Agreement shall be governed and construed in accordance with the laws of the State of Minnesota and acknowledge that this Agreement is. the type of agreement described in Minnesota Stanctes, 5ection 469.176, subd. 5. Section �$.�&� <.11 >. Time is of the Essence. Time shall be of the essence of this Agreement. � Section 1�.��- <8.12. > Counterparts. This Agreement is executed ia any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. Section �8.'-� < 8.13 >. Interpretation and Severabilitv. If any one or more of the provisions, sentences, phrases or words of this Agreement or any application thereof shall be held or determined to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaini.ng provisions, sentences, phrases or words of this Agreement -' and any other application thereof shall in no way be affected or impaired and shall remain in full ' force and effect. � -18- Section �� < 14 >. Successors and Assigns. This Agreement is binding on and inures to the benefit of the heirs, successors and assigns of the parties hereto, provided, however, that this Agreement may not be assigned by any of the parties hereto except as specifically pmvided herein. Any successor shall absolutely and unconditionally assume all of the rights, duties and obligations of their assignee hereunder. Section � Q�T- < 8.15 >. Modification/Entire Agreement. This Agreement may not be altered, modified or amended except by an insttument in writing signed by all of the parkies hereto. No person, whether or not an officer, agent, employee or representative of any party, has made or has any authority to make for or on behalf of that party any agreement, representation, wananty, statement, promise, arrangement or understanding not expressly set forth ia this Agreement or in any other document executed by the parties concurrently herewith ("Parol Agreements") . This Ag�reement and all other documents executed by the parties concurrently herewith constitute the entire agreement between the parties and supersede all express or implied, prior or concurnent, Parol Agreements and prior written agreements with respect to the subject matter hereof. The parties acknowledge that in entering into this Agreement, they have not relied and will not in any way rely upon any Parol Agreements. - IN VV][TNFSS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this Agreement to be duly executed on or as of the day and year first above written. Attest: Kathleen M. Swanson Its City Clerk STP:165151: Compuieon of 162164 Vef2Nef� :i � �� • :i : sy: � Charles E. Mertensotto Its Mayor MENDOTA -��-�� <MALL> ASSOCIATES • a Minnesota pa�tnership By : Its Partner -19- 0 �� ! * � . . � �� :� � � �:� � �' r �• DCHIBIT B Cost Distribution - Projected Description Casts 1. Construction of Storm Sewer $175�353 B.I.: 2,3�4,5,6,7, 8,9�10�11.12�18�19, 20,21,22�23,24�25� 26,27,28.29.30� 31 �32,33 and Engineering Fees of $28�383.00 a Mobilization $6�000 Z Construction of � Parking Lot $142,441 B.I.: 13,14,15,16 and Engineering Fees - of $15,261.00 � .� a Mobilization $4�000 3. Site Lighting $;i6,000 4. Right Tum Lane on Dodd Road $23�280 5. Landscaping $34,p4p B.I. 17 . $421,074 Excess of Eligible Costs Budgeted Contributions Mendota Mall Eligible Ciry Costs _ Costs _ . $0 $175,353 $0 $6,000 $142,441 $0 $4,OQ0 $0 $18�000 $18,000 � $0 $23,280 $0 ' $34.000 $164,441 $256,633 $56,633 ($56,633�= ; � $221.074 $200�000 , � EXHIBIT C . LURIE, BESIKOF, LAPIDUS 8c CO., 1P L.L.P CERTIFIED PUBLIC ACCOUNTANTS MARSHALL J. BESIKOF� CPA NEII N. I.I�PIOUS, CPA JOEL A. LEBEWIT2, CPA FARLEY 5. KAUFMANN� CPA LEE SUDIT,CPA HAL B. GENSLER, CPA MARK E. ZIESSMAN, CPA JEFFREY W. STARBIRD, CPA TIMOTHY B. SCHMIDT, CPA MARSHALL R. LEHMAN, CPA BETH KIEFFER LEONARD,CPA BRUCE I. WALIER. CPA OAVID L.LUF7IE.CPA WILLIA'M A. KAMMAN, CPA PAUL SERBER, CPA NORMAN ORENSTEIN� CPA BERTRAM l. CHEZ, CPA OAVID 5. EIGER, CPA 1922-1994 May 31, 1995 2501 WAYZATA BOULEVARD MINNEAPOLIS� MINNESOTA 55405-2197 TELEPHONE 612-377-4404 TELECOPIER 6�2-377— 1325 Mr. Charles Mertensotto Mayor, City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55120 a MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS OIVISION FOR CPA flRMS SEC PRACTICE SECTION PRIVATE COMPANIES PRACTICE SECTION GPA ASSOCIATES INTERNATIONAL, INC. WITH AffIL1ATED FlRMS IH PRINCIPAL U.S. _ AND INTERNATIONAI CITIES Re: Proposed Contract for Private Development Between the City of Mendota Heights and Mendota Plaza Associates Dear Mayor Mertensotto: Please be advised that we are the accountants for Mendota Plaza Associates and prepare its annual tax returns. We are, therefore, knowledgeable of the financial operations and con�ition of Mendota• Plaza Associates. We are of the,ppinion that based on this knowledge, the shopping center will not support a cash expenditure of $400,000 for improvements. Sincerely, LURIE, BESIICOF, LAPIDUS & CO., P.L.L.P. • Certified Public Accountants •-�,�,� G�,�, Marshall J. Besikof, C.P.A. MJB:cl 0 f ! CONTRACT FOR PRIVATE DEVELOPMENT by and between The City of Mendota Heights and Mendota Mall Associates � June , 1995 . � � TABLE OF CONTENTS ARTICLE I. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 1.1. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE II. REPRESPNTAI'IONS AND W . . . . . . . . . . . . . . . . . . . 4 Section 2.1. Representations by the Citv . . . . . . . . . . . . . . . . . . . . . . . . . . 4 a. Status of Citv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 b. Compliance with Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 c. No Warranty as to Development ProneriX . . . . . . . . . . . . . . . . . 4 Section 2.2. Representations, Covenants and Wananties by the Develo�er ..... 4 a. Good Standing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 b. uthri .....................................4 c. onsent .....................................4 d. No Violation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 e. Title ....... ................................5 f. Compliance with Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 g. Energy Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 h. Permits and Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 i. �ost of Project Imnrovements . . . . . . . . . . . . . . . . . . . . . . . . 5 j. Necessi of Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 k. �Iazardous Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 L Materials Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 - m. No �nvironmental Proceeding� . . . . . . . . . . . . . . . . . . . . . . . . 6 n. No Environmental Listine . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 o. No Required Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 p Payment of Project Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 q: elian .....................................6 r. urvival ......................................6 ARTICI.E III. UNDERTAI�NGS OF CIT'Y AND DBVEIAPER . . . . . . . . . . . . . . . 7 Section 3.1. Reimbursable Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 3.2. Public Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 3.3. Gonditions to City's Reimbursement Oblig,ation . . . . . . . . . . . . . 7 ARTICLE IV. CONSTRUCTION OF PROJECT IIvIPROVIIV�NTS . . . . . . . . . . . . . 8 Section 4.1. Construction of Proiect Improvements . . . . . . . . . . . . . . . . . . . 8 . Section 4.2. Construction Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 a. Approval of Constniction Plans . . . . . . . . . . . . . . . . . . . . . . . 8 b. Changes in Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 c. Effect of City Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 , Section 4.3. Completion of Constiuction . . . . . . . . . . . . . . . . . . . . . . . . . . 9 , -i- Section 4.4. Completion of Project Improvements . . . . . . . . . . . . . . . . . . . . 9 a. �Votification of CitX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 b. Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 4.5. Additional Resnonsibilities of Developer . . . . . . . . . . . . . . . . . 10 a. Maintenance of Public Easements . . . . . . . . . . . . . . . . . . . . . 10 b. Utility Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 c. Repair of Public Facilities . . . . . . . . . . . . . . . . . . . . . . . . .- . 10 d. Landscapin� Warranties . . . . . . : . . . . . . . . . . . . . . . . . . . . 10 ARTICLE V.INSURANCE .....................................10 Section 5.1. Durin Dg evelopment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 a. General Liabilitv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 b. Worker's Comnensation . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 5.2. Other Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTTCLE VI. REIlVIBURSEMENT TO CTTY UPON ASSIGNN�NT AND TRANSFER ......................................11 Sectiom 6.1. �enefits of Tax Increment Financin� Assistance . . . . . . . . . . . . 11 Section 6.2. Pro-r�ted Reimbursement of Tax Increment Financing Assistance................................... 11 Section 6.3. Lien on Propertv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 6.4. Cessation of City Obli a�tions . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 6.5. No Restriction on Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Se+ction 6.6. Permitted Financing; Intra-Family Transfers . . . . . . . . . . . . . . 11 Section 6.7. No Assi ent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE VII. EVENTS OF DEFATJI.T: REMEDIES . . . . . . . . . . . . . . . . . . . . . 12 Section 7.1. Event of De`fault . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 a. Failure of Timely Completion . . . . . . . . . . . . . . . . . . . . . . . 12 b:` Breach of Develoner Obli a,g tions . . . . . . . . . . . . . . . . . . . . . 12 c. Bankiuptcv of Develo�er . . . . . . . . . . . . . . . . . . . . . . . . . 12 �ection 7.2. �2emedies on Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 a. Su�ension of Performance . . . . . . . . . . . . . . . . . . . . . . . . . 12 b. Termination of A„�reement . . . . . . . . . . . . . . . . . . . . . . . . . 12 c. Suit for Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 7.3. No Remedy Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 13 Section 7.4. �Jo Additional Waiver Im,�lied by One Waiver . . . . . . . . . . . . . 13 ARTICLE VIII. ADDITIONAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.1. Conflict of Interests; City Representatives Not IndividuallX Li'able . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.2. Non-Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.3. Equal Employment portunitX . . . . . . . . . . . . . . . . . . . . . . 13 a. Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 b. Advertisin� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 - c. Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 8.4. Truck ParkinQ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 8.5. r visions Not Merged With Deed . . . . . . . . . . . . . . . . . . . . 14 Section 8.6. Titles of Articles and Sections . . . . . . . . . . . . . . . . . . . . . . . 14 Section 8.7. Notices and Demands . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 a. Developer ................................... 14 b. it .... ....................�.............15 Section 8.8. Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 - a. Release of Citv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 b. Indemnificati�n of CitX . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 c. �teimbursement of Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 d. Hazardous Waste Indemnitv . . . . . . . . . . . . . . . . . . . . . . . . 15 e. Tax Increment Indemnitv . . . . . . . . . . . . . . . . . . . . . . . . . . 16 f. Reduction in State Aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 8.9. Covenants of Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 8.10. Governing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 8.11. 3ime is af the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Ssction 8.12_ Ca�nt�rparts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 8.13. Inte�retatim� and SeverabilitX . . . . . . . . . . . . . . . . . . . . . . . 16 Section 8.14. Successors and Assi cg�is . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 8.15. Iviodifica.tion/Entire A�re,ement . . . . . . . . . . . . . . . . . . . . . . 17 . CONTRACT FOR PRIVATE DEVELOPMENT THIS CONTRACT FOR PRIVATE DEVELOPMENT ("AGREIIV�NT"), made on or as of the day of June, 1995, by and between TI� CITY OF MENDOTA I3EIGHTS (the "City"), a statutory ciry of the State of Minnesota, having its principal offices at 1101 Victoria Curve, Mendota Heights, Minnesota 55118 and MENDOTA MALL ASSOCIATES, a Minnesota part��rsl�p (the "Developer"), with its principal office at 2227 University Avenue, St. Paul, Minnesota 55114-1677. � WITNESSETH: W�REAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Chapter 273, as amended and recodified (the "Act"), the City Council of the City (the "Council") is authorized to establish development districts in order to provide for the development and redevelopment of the City; and WHEREAS, pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes, Sactaons 4G9.174 et. seg. (�Ite "Tax Iacrement Act"), as amended, the Council is authorized to finance the capital and administrativn costs of a development district with tax increment revenues derived from a tax increment financing district established withi.n such development district; and WHEREAS, the Council adopted the Development Program (the "Development Plan") on May 5, 1981 creating Development District Number 1(the "Development District") pursuant to the Act; and WHEREAS, in c�or� with� the Development Plan the Council has established a ta�c incr�em financing district pursuant to the Tax Increment Act (the "Tax Increment District"); aad WHEREAS, the City believes that the development of the Development District pursuant to this Agreement, and fulfillment geneially of the terms of this Agreement, are in the best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and pmvisions of applicable federal, state and local laws under which the Development Plan is being undertaken and assisted; . NQWs 19 <<+ RE, in consideration of the foregoing premises and the mutual pmmises, represeatations and undertakings of the parties hereto, each of them does hereby covenant and agree with the other as follows: -1- ARTICLE I. DEFINITIONS 5ection 1.1. Definitions. When used in this Agreement the following terms shall have the meanings specified in this Article I. Each definition or pmnoun herein shall be deemed to refer to the singular or plural as the context requires. "Act" means the Municipal Development Districts Act, Minnesota Statutes, Chapter 273 as amended and recadified. "Actual Knowledge" means, with respect to any representation made herein, the awareness of facts or information, or the absence of facts or information, by a natural person, or, in the case of a legai entity, any officer of such entity. For purposes of this Agreement, Actual Knowledge shall include any facts discoverable by any person in the exercise of reasonable diligence. "City TIF' Payment" means the amount payable by the City to the Developer pursuant to Section 3.1 hereof. "Construction Plans" means the plans, specifications, drawings and documents related to the Development Property and the constivction work to be performed by the Developer on the Development Properiy in connection with the Project Impmvements, all of which shall be subject to approval by the City, and which shall include without limitation all drawings, illustrations and other artistic renderings of the Project. "County" means the Coum.y of Dakota, State of Minnesota. - . "Developer" means Mendota Plaza Associates, a Minnesota partnership. "Development District" means Development District Number 1 created by the City pursuant to the Development Plan. "Development Plan" means the Development Program for Development District Number 1 adopted by the Council on May 5, 1981, as the same has been and may hereafter be amended. "Development Property" means the real pmperty legally described on P.xhibit A attached hereto and incorporated herein. "Event of Defa�t�" means an action or occurrence described in 5ection 7.1 of this Agreement. "Permitted Transfer" means any conveyance or disposition of the Development Property or the Developer which is excepted fmm the definition of Transfer set forth in this Article. "Project" means the construction of the Project Improvements on the Development Property. "Project Improvements" means, collectively (i) the replacement of the parking surface on the Development Property, (u) the conshuction of a storm sewer system serving the parldng lot of -2- the Development Properiy, (ui) impmvements to the access lanes and curbing on the Development Property, and driveway onto Dodd Road from the Development Property, (iv) installation of additional site lighting, (v) construction of a right tum lane on Dorld Road for access to the Development Property, and (vi) additional site landscaping, all of the foregoing being in accordance with the eonstruction Plans. "Reimbursable Costs" means the Project costs for which the City is partially reimbursing the Developer pursuant to this Agreement, as set forth in the column labeled "Eligible City Costs" on Exhi i B attached hereto and incorporated herein. Under no circumstances shall Reunlwrsable Costs include any portion of the cost of replacing or repairing the parl�ng lot surface on the Develo�ment Property. "Tag Increment Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174-469.179, as amended. "Tax Increment District" means Tax Increment Financing District Number 1 created and amended by the City pursuant to the T� Increment Plan adopted in connection with the Development Plan. "Tax Increment Pian" means the Taac Increment Financing Plan adopted by the City on May 5, 1981, in connecrion with the creation of the Ta�c Increment District, as the same has been or may be amended from time to time. "Tax Official" means any City or county assessor; County auditor; City, County or State boazd of equalization, the commissioner of revenue of the State, or any State or federal district court, the tax court of the State, or the State 5upreme Court. . "Total Project Cost" means the actual aggregate cost incurred by the Developer in engineering, designing and constiucting the Project Improvements, certified to the City by the Developer as set forth in Sec`tion 3.1 hereof. � "Transfer" means any cessation of possession of the Development Properiy or the Project Improvements by the Developer for any reason. "Unavoidable Delays" means delays which are the direct result of strikes, shortages of materials, war or civil commotion, delays which are the direct result of unforeseeable and unavoidable casualties to the Project Impmvements, the Development Property or the equipment used to constnict the Project Improvements, delays which are the direct result of governmental action or inaction beyond the control of Developer, delays which are the d,irect result of judicial action commenced by third parties, citizen opposition or action affecting the Project or adverse weather conditions, or to any other cause or action beyond the reasonable control of the party seeking to be excused as a result of its occurrence. -3- ARTICLE II. REPRESENTATIONS AND W Section 2.1. Representations by the Citv. The City makes the following representations as the basis for the undertaking on its part herein contained: ' a. Status of City. The City is a statutory city of the State with all the powers of a statutory city of the fourth class duly organized and existing under the laws of the State. Under the pmvisions of the Act and any other applicable laws, the City has the power to enter into this Agreement and cazry out its obligations hereunder. b. Compliance with Laws. The City has created, adopted and appmved the Development District, the Development Plan, and Tax Increment District in accordance with the respective terms of the Act and the Tax Increment Act, and the same remain in full force and effect. c. �To Warranty as to Development Property. Except as specifically pmvided herein, the City makes no representation, guaranty or warranty, either express or implied, as to any matter, including specifically, but without limitation of the generality of the faregoing, (i) the state of title to or the condition of the Development Properly, (ri) the suitability of the Development Properiy for the Developer's puiposes or needs, or (iii) the economic feasibility of the Project. Section 2.2. �epresentations, Covenants and Warranties bv the Developer. The Developer represents and warrants that: a. Good Standing. Developer is a general partnership duly organized, validly � existmg and in good standing under and pursuant to the laws of the State of Minnesota and has full power and authority to enter into and perform its obligations under this Agreement and the transactions contemplated hereby. The managing partner of the - Developer is Edward J. Paster. b. Au h ri . This Agreement has been duly and validly executed and delivered by Developer and constitutes the valid and binding obligation of Developer according to its terms, enforceable against Developer except as the enforcement thereof may be limited by bankniptcy and other laws relating to creditors' rights generally or general principles of equity. The execution of this Agreement by Developer has been duly authorized by the appmpriate partners of Developer, and no further partnership action is required for the performance by Developer of its obligations hereunder. c. nsen . Except as disclosed in this Agreement, no consent, approval, order, authorization, registration, declaration, filing, waiver or notice to any government entity or third party is required or necessary to be obtained by Developer in connection with the execution, delivery and performance of this Agreement. �� d. No Violation. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, the acquisition, construction and development of the Development Properly, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflict with or result in a breach of, the terms, conditions or provisions or any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. e. Title. Subject to the pmvisions of Section 6.2 (Consequences of Transfer), the Developer is and shall be the owner of the Development Property. Except for matters disclosed in this Agreement, there are no pending or threatened claims, lawsuits, or disputes with respect to the Development Properiy or Developer's ownership thereof. f. Compliance with Laws. The Developer shall operate and maintain the Project Impmvements in all material aspects in accordance with the terms of this Agreement, .the Development Plan and all applicable local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). g. Energ,y Conservation. The Developer shall construct the Project Improvements in accordance with all applicable local, state or federal energy-conservation laws or regulations. h. Permits and Licenses. The Developer shall obtain, in a timely manner, all required permits, review�, clearances, licenses and appmvals, and will meet, in a tunely manner, the reqy,irements of all applicable local, state and federal laws and regulations which must be obtained or met before the Project Improvements may be lawfull�y constructed. i. Cost of Project Improvements. The Developer covenants that the cost of the Project Improvements to be completed on the Development Property shall be not less than $400,000.00. j. - Necessitv of Assistance. The Developer ac�owledges, represents and agrees that, but for the assistance provided by the City under the Agreement, it would not be able to undertake the Project within the foreseeable future. Attached hereto and incorporated herein as Exhibit C is a letter from Developer's independent certified public accountants which supports the foregoing representation. k. Hazardous Waste. Other than (i) small quantities of material used or sold in the ordinary course of business by tenants of the Development Properiy and (ri) common construction materials used in connection with the installation of the Project Improvements, no asbestos, urea formaldehyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, lrnown carcinogens, petroleum products or other pollutants, contaminants, chemicals, materials or substances defined as "hazardous waste," "hazardous substance," "hazardous -5- constituent," "solid waste," or "toxic substance" (all of the foregoing are referred to collectively hereinafter as "Hazardous Materials") the release or disposal of which is regulated by any federal, state or local statute, regulation, order, treaty, code, publication or ordinance (or any amendment thereto) related to human health or the environment including, without limitation, any law, regulation or ordinance concerning the protection and preservation of natural resources, air, water, noise or soil pollution or contamination, or Hazardous Materials use, generation, storage or disposal, ("Environmental Law") are, to the best of Developer's Actual Knowledge, located on, in, ahovt or under the Development Property, and, to the best of Developer's Actual Knowle�ge, none of Devel�me� Pro�erty has ever been utilized for the storage, manufacture, disposal, handling, transportation or use of any Hazardous Materials. 1. Materials Permits. All permits, licenses and similar authorizations and appmvals necessary or required under all F.avironmental Laws, including those for any Hazardous Materials stored, used or manufactured within or on the Development Property have, to the best of Develogar's Actual Knowledge, been obtained, are being complied witri and aze m fn1! force and effect, and the Developer has complied with all other reporting, filing and other requirements under the Environmental Laws. m. No Environmental Proceedings. There are no existing, proposed, threatened, or pending investigations, administrative proceedings, litigation, regulatory hearings or other actions concerning any the Development Properiy and alleging noncompliance with or vinlation of any Environmental Law or relating to any required environmental p�rmits or licenses. n. No Environmental Listing. No portion of the Development Properiy is listed in the United States Environmenral Protection Agency's National Priorities List of Hazardous Waste Sites nor any ather list, schedule, log, inventory or record of l�azardoms waste sites maintained by any federal, state or local agency. o. �To ReQuired Testing. The Developer has not received any written notification from any city, county, state or federal governmental authority, agency or instrumentality requiring any work or testing to be done on or about the Development Property. - p. Payment of Project Costs. The Developer does not intend to request reimbursement from any tenants or occupants of the Development Properiy of any capital expenditures constituting part of the Total Project Costs. q. Reliance. The foregoing representations, warianties and covenants are made by Developer with the l�owledge and expectation that the City is relying thereon. r. urvival. The foregoing representations, warranties and covenants, together with any and all other representations, warranties and covenants contained in this Agreement, shall survive consummation of the transactions contemplated by this Agreement. � J U'N - 5- 9 5 M O N 1 0: 4 9 ARTICLE �. J►ll �!a - . r� • . :. ►U .� . I_. _ �f ' : P _ 02 Section 3.1. Reimbursable �. Subject to the terms and conditions hereof, the City shall pay and reimburse the DeveIoper for the "Eligibie City Costs" portion of Reimbursable Costs, as set forth oa �xhibit $, actually incurred by the Developer in connecdon with the Project Improvements; provided, however, that in no event shall the City's portion of Reimbursable Costs exceed the lesser of (i) Two Hundzed Thausand and U0/100 Dollars {$240,OOO.QO) or (ii} f fcy percent (50 �o) of the Total Project Cost. The City's portion of any "Conringency" costs for site iigh�ng shall not exceed 50% of such contingency costs. The City TIF i'ayment shall be paid in two installments. The first such installment sha�l not exceed One Hundred Thousand and 00/i00 Dollars ($100,000.00) and shall be payable at such time as Developer has delivered to the City (i) a sworn construcdan statement reflecting all costs incurred in connection with construction of the Project Improvements to date, and certified by the Developer to the City in �orm reasonably acceptable to the City, reflecdng that Developer has thus £ar incurred not Iess than One Hundred Thousand and 00/i00 Dollars ($100,000.00} in "Eligible City Costs" as set forth on �x ibit B hereto; and (ii) lien waivers from a�l contractors and subcontracto�s sugplying labor ar materials in connection with the Project Improvements co date; and {iii) evidence acceptable to the City that the Developer has suffiicient financing available to complete tl�e Project; and (iv) copies of all constivction contracts reIating to the Project. The second installment of the City TIF Payment shall be made upon fmal completion of the Pmject and presentation to the City by the Developer of (i)� lien waivers from all contzactors and subcontiactors supplying labor or matesiais in connection with the Project; and {u} a sworn canstruction statement refle�ang all costs incuzred in connection with completion of the Project improvements and certified by the Develaper to the City �in form reasonably acceptable to the City. Section 3.2. Pubiic Costs. The City and the Developer hereby stipulate and a,gree that the assistance provided pursuant to this Agreement is intended to reimburse the .Deve,�oper for the Rezmbarsable Costs (or portions thereoi} listed on Ezchibi�.� attached heretfl, and that such assistance is in furtherance of the purposes of the Development Plan, the Act, the Tax Increment Act, and/or necessitated by the unique characterisacs of the Development Pmperty and/or the topography of the Development Property site. Subject to alI other terms and conditions set forth herein, the City agrees to pay ta the Developer up to the "Eligible City Coscs" portion of each line item on xhi ' hereto upon completion of that portion of the Project described at said line item, subject to the limitations set forth in Section 3.1 above. The balance shall be held by the Ciry or its designated escrow agent pending, and to secure, final completion of the Project Improvements and will be disbursed to tize Developer at the dme of confirmation by the City of such final completion. ' Sectian 3.3. r�nditions to City's Reimbursement Ob�ig ta ion�. In connection with performance by the City with respect to its other obligations pursuant to this Agreement, and as a condition precedent thereto, the City may, in its sole discretion, require the Developer to -7- (i) submit evidence of compliance by the Developer with the terms and conditions of this Agreement, (ri) provide an opinion of counsel acceptable to the City that the financial assistance provided hereunder is a permissible expenditure of funds pursuant to the Act and the Tax Increment Act, (iri) pmvide evidence of the availability of financing for the Developer's portion of the cost of the Project Improvements, and (iv) pay one half of the City's expenses of counsel in connection with the preparation, execution, and filing of this Agreement and consummation of the transaction contemplated hereunder. - ARTICLE IV. CONSTRUCTION OF PRO.TECT IlVIl'ROVIIVIENTS Section 4.1. Construction of Project Imprnvements. The Developer agrees that it will constzuct the Project Impmvements on the Development Properiy in accordance with the approved Construction Plans. Section 4.2. Construction Plans. Prior to commencement of construction of the Project Improvements, the Developer shall submit the Consttuction Plans to the City for approval. The Constiuction Plans shall be consistent in all respects with any description of the Project provided to the Council by the Developer in connection with the Developer's request for assistance provided pursuant to this Agreement. The City may reject the Construction Plans, or request changes thereto, in its sole discretion. a. Approval of Construction Plans. The City's performance hereunder is candi�aoned upon and subject in its entirety to its review and appmval of the Constrnction Plans, and upon compliance by �he Developer with all applicable laws and satisfaction of all City requirements (including planning and zoning, building codes, etc.) for projects of this�nature. b. Chan�es ia Plans. If the Developer desires to make any material change in the Construction Plans, the Developer shall first submit the proposed change to the City for its appmval. The Developer acknowledges that upon entering this Agreement, the City in no way waives its right of final approval of materials and submissions required herein, including', but not limited to, final Construction Plans, and the City expressly reserves its right to deny appmval of any plans and permits should the Developer fail to proceed in accordance with this Agreement and/or fail to perform in total compliance with the obligations herein and the requirements of the City's Zoning Ordinance and City's Subdivision Ordinance and other applicable City codes and ordinances affecting the Construction Plans and/or the Development Properiy. c. Effect of Citv Approval. Except as specifically provided in writing by the City or any department or official thereof for the specific, limited purpose of such writing, the appmval of the Construction Plans (or any amendments thereto) by the City or the Council shall not constitute a representation or warranty that such plans, the Project Improvements, or the Development Property comply with any applicable building code, health or safety regulation, environmental law, or other law or regulation, or that the Project Improvements will meet the qualifications for issuance of a certificate of � occupancy. Approval official thereof shall r occurring hereunder. of the Developer's plans by the City or any department or �t constitute a waiver by the City of any Event of Default Section 4.3. Completion of Construction. Subject to Unavoidable Delays, the Developer shall achieve final completion of the construction of the Project Impmvements on or before October 1; 1996. All work with respect to the Proje�t Improvements to be constructed or provided by the Developer on the Development Property shall be done in a good and workmanlike manner with quality materials and in strict compliance with the Construction Plans as submitted by the Developer and approved by the City. Developer hereby grants the City reaso�able access to the Development Properiy and the Project Impmvements. The Developer agrees for itself, its successors and assigns, and every successor in interest to the Development Properiy, or any part thereof, that the Developer, and such successors and assigns, shall diligently prosecute to completion the development of the Development Properiy through the construction of the Project Impmvements thereon, and that such construction shall in any event be completed within the periud spe�ified in this section. During construction of the Project Impa�€eme�s,, tl�e De�epaper shali make reports, in such detail and at such times as may reasonably be requested by the City, as to the actual pmgress of the Developer with respeet to such construction. Section 4.4. Completion of Project Improvements. a. Notification o� �itv. The Developer will notify the City when consttuction of the Project Improvements has been completed. The City shall have the right, but not the obligation, to inspect the Development Property andlor the Project Imprc�vements at anytime during the construction of the Project Impmvements. Inspection of the Development Properiy by the City shall not constitute a representation or wananty by the Cit� that the Development Property or the Project Impmvements comply with any applicable building code, health or safety regulation, zoning regulation, environmental law, that the Project Impmvements will qualify for a certificate of occupancy, or that t�ie Project Im�prov�ents will meet the requirements of Developer or any other user of the Project Improvements. b. Notice of Defects. ff the City shall find the state of the Project Improvements or Developer's documentary evidence thereof unacceptable, the City shall, within ten (10) days after written request by the Developer, pmvide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Project Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or aets will be necessary, in the opinion of the City, for the Developer to take or perform in order to remedy any such condition. � � Section 4.5. Additional Resoonsibilities of Developer. a. Maintenance of Public Easements. The Developer will not construct any building, structure, or improvement on, over, or within the boundary lines of any public utility easement unless such construction is pmvided for in such easement or has been approved by the utility involved. b. Utilitv Installation. Developer shall be responsible for any cost of relocation of any existing public or private utilities which may be caused or necessitated by the consttuction of the Project Improvements and any utility access charges payable in oEr�tion therewith. c. Repair of Public Facilities. Developer shall, at its sole cost and expense, replace any public facilities or public utilities damaged in connection with the construetion of the Project Improvements in accordance with the te�hnical specifications, standards and practices of the owner thereof. d, Landsca�ing Warranties. Developer shall provide to the City, at the time of paymem of the final installment of the City TII� Payment, copies of all wananties for the landscaping constituting part of the Project Impmvements. At all times during the term of this Agreement, the Developer shall exercise all rea.sonable efforts to enforce such landscaping warrdnties and shall otherwise maintain the landscaping covered thereby in good condition. ARTICLE V. . INSURANCE Seckion 5.1. Aurin�, Development. The Developer shall pmvide and maintain at all times during the process of constructing the Project Improvements for the benefit of the Developer and the City and, from time to time at the request of the City, fivaush the City with proof of payment of premiums on: a. General Liabilitv. Comprehensive general liability insurance (including liability arising from operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and pmperty damage of not less than �3,000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used). b. Worker's Compensation. Worker's compensation insurance, with statutory coverage. Section 5.2. Other Terms. All insurance required pursuant to this Article shall be taken out and maintained with insurance companies reasonably acceptable to the City and authorized under the laws of the State to assume the risks covered thereby. The Developer will deliver to the -10- Ciry policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in full force and effect. ARTICLE VI. � i �: � � �� , �. Section 6.1. �enefits of Tax Increment I+�nancing A,ssistance. The Developer acknowledges and agrees that the tax increment financing assistance being provided by the City hereunder is a direct and mateiial �ef� to th� Devel�ogment Properiy and the fair market value thereof. The Developer further acl�owledges and agrees that the City is pmviding such tax increment financing assistance based upon the understanding that the Developer shall remain the fee owner of the Development Property for a period of not less than five (5) years from and after the date of completion of the Project Impmvements. Section 6.2. Pro-rated Reimbursement of Tax Increment �nancing Assistance. Subject to Section 6.6 hereof, in the event of any sale, assignment, conveyance, lease (outside of the ordi.nary course of business) or other transfer, voluntarily or involuntarily, of all ar any portion of the Development Property within a five (5) year period from the date of the final City T'� Paymen�, the I3eveloper shall immediately pay and reimburse to the City a portion of the aggregate City 1'� Payment based on a fiaction the denominator of wluch shall be 1,825 (365 days x 5 years) and the numerator of which shall be the number of days remaining after the effective date of any such sale, assignment, conveyance, lease or transfer (collectively, "Transfer") until expiration of said five year geriod. Section 6.3. Lien on Prapertv. The obligation of the Developer to reimburse the Ciry a portion of the Ci�i.y TiF Payment hereof upon the effective date of any Transfer shall constitute a lien on the Development Property and shall be, along with all other terms and provisions of this Agreement, fully binding upon any successors or assigns of the Developer. Section 6.4. �essation o£ City Obligations. Any Transfer of the Development Properiy, or any portion thereof or interest therein, shall relieve the City, at the City's option, of any and all obligations under this Agreement. Section 6.5. No Restriction on Sale. Nothing in this Section shall constitute a restraint on alienation or prohibition with respect to the Tiansfer of the Development Property. Section 6.6. Permitted �nancing; Intra-Family 7�ansfers. Nothing herein shall pmhibit or preve� the Developer from encumbering the Development Properiy in order to obtain suitable, bona fide financing in connection with the development, construction, ownership, expansion or restoration of the Development Property or the Project Improvements, or (u) transferring the Development Properly to members of the immediate family of Edward 7. Paster or an entiry owned and controlled by Edward 7. Paster or members of his immediate family. Section 6.7. No A►ssignment. Pxcept as pmvided in this Article, this Agreement and the rights, duties and obligations of the Developer hereunder shall not be assigned, conveyed, or -11- transferred, and any purported transfer in violation of this pmvision shall be null, void, and of no effect. ARTICLE VII. �VENTS OF DEFAULT: REIVV�DIES Section 7.1. Event of Default. The term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise pmvides): a. Failure of Timelp Completion. Failure by the Developer to complete the Development Property on or before the date specified in Section 4.3 (Completion of Construction) in conformance with the terms, conditions, and limitations of this Agreement; b. �reach of Develoner Obligations. Failure by the Developer to observe or perform any covenant, condition, obligation, or agreement on its part to be observed or perfoimed under this Agreement and the continuance of such failure for ten (10) days after written notice thereof from the City pmvided, however, that if aay such failure cannot reasonably be cured within such ten day period, Developer shall be entitled to an additional period, not to exceed a total of ninety (90) days, within which to cure such failure so long as Developer commences its efforts to cure such failure within such ten-day period and proceeds diligently thereafter to effect such cure; or c. Bankruptcy of Developer. A petition of, or claim for relief in, bankruptcy or insolvency is filed pursuant to any curnent or future bankiuptcy or insolvency laws naming the Developer as debtor, and such petition is not dismissed within ninety (90) days of the date of filing thereof. Section 7.2. Remedies on Default. Whenever any Event of Default occurs, in addition to all other remedies available to the City at law or in equity or elsewhere in this Agreement, the City may take any one or more of the following actions: a. Suspension of Performance. The City may suspend its performance under this Agreement until it receives adequate assurances from Developer that Developer will cure the Event of Default and thereafter remain in compliance with its obligations under this Agreement and all related or collateral agreements with the City. The right of suspension of performance hereunder shall apply not only upon the occurnence of an Event of Default but also upon the occurrence of an event or condition which with the giving of notice or passage of time would constitute an Event of Default. b. Termination of Agreement. The City may terminate this Agreement, cease any and all performance under this Agreement, and pursue all available remedies. c. Suit for Dama�es. The City may initiate an action seeking damages, specific performance, or any other relief available at law or in equity, other than and except for the remedy of specific performance. The parties hereby agree that all costs, direct or -12- indirect, paid or- incurred by the City in connection with this Agreement or the Project, including without limitation all sums advanced to or for the benefit of the Developer hereunder and the costs of pursuing the City's remedies hereunder, shall constitute damages of the City for purposes hereof. Section 7.3. No Remedy Exclusive. No remedy herein conferned upon or reserved to the parties is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement, whether now or hereaftei existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be conshned to i�e a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the parties to exercise any remedy reserved to them, it shall not be necessary to give notice, other than such notice as may be required by this Article VII. Section 7.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, suc� waiver shall be limited to the particular breach so waived and shall not be deemed to waive any at�cer concunent, previous or subsequent breach hereunder. ARTICLE VIII. ADDITIONAL PROVISIONS Section 8.1. Conflict of Interests: Citp Representatives Not Individuallv Liable. No member, official, or employee of the City shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, association or other entity in which he is, directly or indirectly, interested. No member, officia'1, agent, or employee of the City shall be personally liable to the Developer, or any successor in inteaest, in the event-of any default or breach by the City or for any amount which may become due to the Developer or successor or on any obligations under the terms of the Agreement. Section 8.2. �Ton-Discrimination. During the term of this Agreement, the Developer shall not discriminate upon the basis of race, color, creed, sex, affectational preference, age, religion or national origin in the sale, lea.4e, or �ental or ia the use or occupancy of the Development Properly or the Pao3ec�. �prov�ments erected or to be erected thereon, or any part thereof. The provisions of Minnesota Statutes Section 181.59, which relate to civil rights and non- discrimination, are hereby adopted and incorporated as part of this Agreement as if fully set forth herein. Section 8.3. Equal Em�loyment Op op rtunity. Developer agrees, for itself and its assigns, that during construction of the Project Improvements: a. Emplopces. Developer will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, gender, affectational -13- preference, disabiliry, age, marital status, status with regard to public assistance, or national origin (each such status is refermd to hereinafter as a"Protected Class"). Developer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to membership in any Protected Class. Developer shall further abide by all other applicable federal, state and local laws regarding equal employment opporiuniry. b. �dvertising. Developer will, in all solicitations or advertisements for employees placed by or on behalf of Developer, state that all qualif ed applicants will receive consideration for employment without regard to membership in any Protected Class. c. nira . Developer will include the provisions of this Section 8.3 in every contract, subcontract and purchase order, so that such pmvisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. Developer will take such action with respect to any contract, subcontract or purchase order as the City may direct or advise as a means of enforcing such provisions, including sanctions for non-compliance. ' Section 8.4. Truck Parking. Within thiity (30) days after the date hereof, the Developer shall designate an area of the parl�ng lot serving the Development Property in a location acceptable to the City for the parking of semi-tcailers and other commercial hucks on or about the Developmer�t P�o�aty. The Developer shall exercise all reasonable efforts during the term of this Agreemern to restrict parking on the Development Property of semi-tcailers and other trucks to the designated area. Section 8.5. Provisions Not Merged With Deed. None of the pmvisions of this Agre�ment are intended to or shall be merged by reason of any deed tiansferring any interest in the Development Property and any such deed shall not be deemed to affect or impair the pmvisions and covenants of this Agreement. Section 8.6. Titles of Articles and Sections. Any titles, headings, or captions of the several parts, articles, and sections of the Agreement are inserted for convenience of reference only and shall be disregarde� in constcuing or interpreting any of its pmvisions. Section 8.7. Notices and Demands. Except as otherwise expressly . provided ia this Agreement, a notice, demand, or other communication under the Agreement by any party to any other pariy shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and a. Developer. In the case of the Developer, is addressed to or delivered personally to the Developer at: Mendota Mall Associates 2227 University Avenue St. Paul, Minnesota 551141677 Attn: Mr. Edward Paster �� b. C�. In the case of the City, is addressed to or delivered personally to the City at: City of Mendota Heights 1101 Victoria Curve Mendota Heights, Mi.nnesota 55118 Attn: City Administrator or at such other address as the City may, from ti.me to time designate in writing and forwazd to the Developer. 5ection 8.8. Indemnification. The Developer shall cooperate with the City with respect to any �iittgation oommenced with respect to the Development Plan or the Project. Except for any willful or wanton misconduct of the City, its employees, Council members, officers or employees, the Developer shall save, hold harmless, and indemnify the City from and agai.nst aay and all costs, including reasonable costs of defense incurned by the City through an attorney of its choosing, with respect to any litigation in connection with the Project or this Agreement. a. Release of City. Developer agrees, that anything to the contrary herein notwithstanding, the City and its agents, officers, Council members, and employees shall not be liable or responsible in any manner to the Developer, the Developer's contractors, supplie�s, vendors, ffiaterial men, laborers, lienors, mortgagees, or to any � pe�rson or peisons whomsoever, for any claim, demand, damage, cost, or loss of any kind or character arising out of or by reason of the execution of this Agreement, the transactions contemplated hereby, the acquisition, constivction, installation, ownership or operation of the Project, the Project Impmvements and/or the Development Properiy. � b. �ndemnification of City. The Developer shall indemnify, save and hold harml�ss the City from and against any and all claims, demands, actions or causes of actian (inelading specifically, but without limiting the generality of the foregoing, the costs of defending the same, costs and expenses for City administrative time and labor, costs of engineering and planning services, costs of all legal services rendered, direct out-of-pocket expenses incurred in connection with defending such claims, and amounts paid as damages or in settlement or compromise of aay such action or pmce�ding) as may be bmught against the City for acts or omissions in any way related to the constcuction, operation or financing of the Project Impmvements, and/or the Development Properly. c. Reimbursement of Costs. Developer shall reimburse the City for any and all costs and expenses, including without limitation, attorneys' fees, paid or incurred by the City in connection with or relating to enforcing performance of (or seel�ng damages for Developer's failure to perform) any covenant or obligation of Developer under this Agreement. d. Hazardous Waste Indemnitv. The indemnification obligation of Developer shall include, without limitation, any liability, damages, claims or costs incurred or asserted -15- against the City relating to the alleged presence or release of hazardous or toxic substances on, under or about the Development Properly. e. Tax Increment Indemnitv. Developer shall further save, indemnify and hold harmless the City from and against any and all costs, damages, liabilities or expenditures incurred by the City pursuant to Minnesota Stanctes Section 469.1771, subd. 3, as a result of the assistance p�vided to the Developer pursuant to this Agreement. � f. Reduction in State Aids. Developer shall further save, indemnify and hold harmless the Ciry from and against all costs, damages, liabilities or expenditures incurred by the City in the event that local government aid, homestead and agricultural credit aid or other aids or payments to the City from the State of Minnesota are reduced under Minnesota Statutes, Section 273.1399 or other law. The liability of the Developer to the City pursuant to subse�tions e. and f. above shall not exceed the aggregate amount of the City Z'� Payment and shall be deemed terminated if no claims are asserted against the City or, in the case of subsection f., no aids or payments to the City are reduced prior to the expiration of the applicable statutes of limitation for any such clai.ms or reductions in aid. Section 8.9. Covenants of Principal. All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any Council member, officer, agent, servant, employee, independent contractor, c�nsultant and/or legal counsel of the City. Section 8.10. Governin� Law. ,The parties agree that this Agreement shall be governed and construed in accordance with the laws of the State of Minnesota and acknowledge that this Agreement is the type of agreement described in Minnesota Stasutes, Section 469.176, subd. 5. Section 8.11. Time is of the Essence. Time shall be of the essence of this Agreement. Section 8.12. Counterparts. This Agrcement is executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instzument. Section 8.13. Interpretation and Severabiliri. If any one or more of the provisions, sentences, phrases or words of this Agreement or any application thereof shall be held or determined to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions, sentences, phrases or words of this Agreement and any other application thereof shall in no way be affected or impaired and shall remain in full force and effect. Section 8.14. Successors and Assigns. Tfiis Agreement is binding on and inures to the benefit of the heirs, successors and assigns of the parties hereto, provided, however, that this Agreement may not be assigned by any of the parties hereto except as specifically provided herein. Any successor shall absolutely and unconditionally assume all of the rights, duties and obligations of their assignee hereunder. -16- Section 8.15. Mod�cationlEntire A�reement, This Agreement may not be altered, modified or amended except by an instrument in writing signed by all of the parkies hereto. No person, whether or not an officer, agent, employee or representative af any party, has made or has any authority to make far or on behalf of that party any agreement, representation, wazranty, statement, promise, arrangement or understanding not e�ressly set farth in this Agreement or in any otlier dacument executed by the parties concurrentty herewith ("Paral Agreements") This Agreement and all other documents executed by the pazties concurrently herewith constitute the entir� agreement between the parties and supersede all express or implied, prior or concu�rrent, Parol Agreements and prior written agreements with respect to the subject matter hereof. The parties acknowledge that in entering into tbis Agreement, they have not relied and will not in any way rely upon any Paml Agreements. IN�VI'r1V'l!{.:SS VVI�I7►EOF, the City has caused this Agreement to be duly executed in its name and behaif and its seal to be hereunto dnly affixed and the Developer has caused this Agreement to be duly executed on ar as of the day and year first abave written. Attest: Kathleen M. Swanson Its City Clerk STP:1G2164 3 Y�:� �yMi�i �� :� : By: Chazles E. Mertensotto . Its Mayor MEND4TA MALL ASSUCIAZ.'ES a Minnesota parh�ership By: Its Partner -17- n V.Ii: �- �� • • �- •� �:� ..�... � C?escri}atEon 1. Construction af Stocm Sewer 8.1.: 2',3,4�5�6,7, 8,9,10,11,i2,'f 8i19, 20�21 �22,23�24�25, 26,27,28,29,30, 31 �32,33 and Ertgineer�ng Fees of $?8,383.00 a Mabilization 2 Construction of • f�arking Lot B.1.: 13,14,i5,16 and Engineering Fees � taf $15,261.OQ a Mobilizatio� w. .. 3. Site Lighting � � 4. Right Tum Lane an Dadd Ftoad 5. Lartdscaping B.l.17 Excess of Eligible Gasts Bttcit�et@Ci CO#1tt't'bt�ttOt1S EXH�BIT B �, Cost Distribution j i Projected Mendota Mall Eligible Ciry , Casts . Costs Casts $'i 75,353 $0 $175=353 $142,441 $0 $142,441 $q $4�000 $4y404 $0 $36,aq0 $18t000 $18*000 $23,28Q $0 $23E280 ' � � � $34�000 $0 $:i4,000 $421,074 $i 64,44i $256,633 $56,633 {$56,633)_ , � - � I �Q%t y?GVL%r{}{}{� EXHIBIT C LITRIE, BESIKOF, LAPIDUS Sc CO•, P. L.L.P. CERTIFIED PUBLIC ACCOUNTANTS MARSHAIL J. BESIKOF� CPA NEIL N. LAPIOUS, CPA JOEL A. LEBEWITZ, CPA FARLEY 5. KAUFMANN, CPA LEE SUOIT, CPA HAL B. GENSLER, CPA MARK E. ZIESSMAN, CPA JEFFREY W. STARBIRO, CPA TIMOTHY B. SCHM�DT, CPA MARSHALL R. LEHMAN, CPA BETH KIEFFER LEONARD,CPA BRUCE I. WALLER. CPA OAVIO L.LURIE,CPA WILl1AM A. KAMMAN, CPA , PAUL SERBER, CPA NORMAN ORENSTEIN, CPA BERTRAM L.CHEZ,CPA OAVID S. EIGER, CPA 1922-1994 May 31, 1995 �l . 2501 WAY2ATA BOULEVARD MINNEAPOLIS� MINNESOTA 55405-2197 TELEPHONE 612-377-4404 TELECOPIER 612-377- 1325 �Ir. Charles Mertensotto Mayor, City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55120 MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS DIVISION FOF CPA flRMS SEC PRACTICE SECTION PRIVATE COMPANIES PHACTICE SECTION CPA ASSOCIATES INTERNATIONAL� INC. WITN AFFILIATED FlRMS IN PRINCIPAI U.S. _ AND INTERNATIONAL CITIES Re: Proposed Contract for Private Development Between the City of Mendota Heights and Mendota Plaza Associates Dear Mayor Mertensotto: Please be advised thati we are the accountants for Mendota Plaza Associates and prepare its annual tax returns. We are, therefore, knowledgeable of the financial operations and con2fition of Mendota Plaza Associates. We are of the �inion that based on this knowledge, the shopping center will not support a cash expenditure of $400,000 for improvements. Sincereiy, LURIE, BESIKOF, LAPIDIIS & CO., P.L.L.P. Certified Public Accountants � G� ' Marshall J. Besikof, C.P.A. MJB:cl � � �. C CITY OF MENDOTA HEIGHTS MEMO June 2, 1995 TO: Majror and City Council FROM: Tom Lawell, City Adminis :�# ` SUBJECT: MCTO Transit Service to the City of Mendota Heights DISCUSSION The Metropolitan Council Transit Operations (MCTO) division recently informed riders of Bus Route #29 that the route is being considered for elimination effective September, 1995. A copy of the "Rider Alert" circulated to riders of Route #29 is attached along with a letter recently received from a resident concerned about the route elimination. Public hearings on the possible elimination of the route are scheduled for June 6th and 12th and written public comments are being accepted through June 15th. BACKGROUND The City has long been concerned about the limited transit service provided to our residents by the MCTO (f.k.a. MTC), and the high cost of the service which is provided. Although the City budget does not directly contribute to the provision of bus service, our residents are subject to a separate tax levy imposed by the MCTO to support transit services. This amount is shown annually on your property tax bill under the category of "Other", which includes a levy for MCTO and the Metropolitan Mosquito Control District. In 1995, the property owners of Mendota Heights will contribute $419,997 to the MCTO. This compares to a total 1995 City levy of $2,327,000 to support all other City services including Police, Fire, Streets, Utilities, Parks, etc. In return for the $419,997 annual charge, our residents receive service from only two bus routes (Routes #5 and #29). Under the proposal now being considered by the MCTO, one of the two routes would be eliminated entirely. In 1994 staff began working with representatives from the MCTO to address the financial inequities of the current system and to explore ways in which _ to expand the transit options available to our residents. A copy of a letter sent to MCTO in December, 1994 is attached for your information. Also attached is a copy of a letter of response received from the MCTO just last week. � Without question, our community's residents are paying dearly for the limited transit service we are currently being provided by the MCTO. Based on the ridership data we have available, the annual cost per rider (based on 89 regular daily patrons) within Mendota Heights will be approximately 54,719 per person in 1995. With the threatened loss of Route #29, this amount would more than double. ALTERNATIVES Although not technically part of the City's budget, the annual levy imposed by the MCTO on our residents clearly represents a unfair burden which demands our attention. Alternatives available for consideration include: 1) Actively oppose the elimination of Route #29 by testifying at the June 12th public hearing and by submitting written comments to the MCTO by June 15th. . 2) Seek expanded and/or modified transit service to our community to better serve resident needs. A transit survey to better determine community transit needs should be considered. 3) Explore alternative transit provision options to determine if it would be appropriate to seek authority from the legisfature to "opt-out" of the MCTO transit service territory. - 4) Request the involvement of our local Metropolitan Council representative, Kevin Howe, to support of our request to preserve Route #29, and to address the other inequities evident in the current system. ACTION REQUIRED Discuss the MCTO's plans to eliminate Route #29 and authorize staff, and/or a subcommittee of the City Council, to formulate and deliver a City response in opposition to this decision at the upcoming public hearing. Additionally, Council should consider the other identified inequities of the current funding system and should discuss the various alternatives available to us at this time. r Attention St. Paul � � Route 29 Customers Heaxings Will Be Held on Proposed Changes MCTO is looking for comments from Route 29 customers regarding proposed service changes that would take place in September. Due to reduced state and � federal funding, we are forced to cut routes that, because of low ridership, recover only a small portion of the costs involved in operating the service. Under this proposal, Route 29 would be eliminated entirely. Public hearings on this change are scheduled for two locations. A meeting in the Council Chambers at Mears Park Centre (230 E. Sth St.) will begin at 11:30 a.m. on Tuesday, June 6. Another meeting at the St Paul Public Library--Wentworth �ranch (119 Wentworth Ave. E.) will begin at 6:3U p.m. on Monday, June 12. If you cannot attend these hearings but would like to voice your comments, please write to MCTO's Service Planning department at 560 Sixth Avenue North, Minneapol�s, MN 55411. Or you can send a fax to 349-7675. Comments will be accepted through 'T�ursday, June 15. We regret any inconvenience this proposed change may cause. We are working w�*h �*ri:±Pd�:�ss��,�r�es ±� grovide c�st-eff��tive bus sere,�3�e �� s�dent� o� the . metropolitan area. The state Legislature right now is considering how much funding transit will receive. Without adequate funding, more drastic service cuts will become necessary. If bus service is important to you, pl�ase contact your legislator and voice your support. The session ends May 22. Call Gov. Carlson's office at 296-3391, House of Representatives at 296-2146 or Senate at 296-0504. Thank you for being our customer. �r��' s�i�ros Metropolitan Council .�. 1�raasit Operations Customer Relations 373-3333 �.'C `.�/��/I.s Dianne Berfelz 688 West Wentworth Avenue Mendota Heights, Minnesota 55118 May 25, 1995 Mayor Charles Mertensotto Mendota Heights City Hall ' 1101 Victoria Curve Mendota Heights, Minnesota 55118 Dear Mr. Mertensotto I have been a proud resident of Mendota Heights for twenty one years. It is so nice to live in a suburban area, but yet have the conveniences of the city available to me. Now one of my city conveniences is being threatened, and I need your help. Enclosed please find a Metropolitan Transit Commission bus schedule for Route #29 and also a photocopy of a�'Rider Alert", which I found on the bus May 17, 1995. The "Rider Alert" states that due to low ridership "Route 29 would be eliminated entirely " in September. This bus route services the Dodd Road area of Mendota Heights, and many of its citizens depend on this service. I know I do! Eliminating a whole route seems like a extreme solution. There has to be a better way. Maybe they could eliminate some of the buses on the rout�, but surely not the whole route! I surely hope that I can enlist your help in preserving bus service along Dodd Road. According to the "Rider Alert", there will be a public hearing at the Wentworth Branch Library on Monday, June 12 at 6:30 P.M., and the MCT.O will accept letters or faxes through June 15. Please let them know that even though bus ridership may be low (in their opinion) that the citizens of Mendota Heights do need bus service along Dodd Road. I surely appreciate your attention in this matter. Very truly yours �j c Dianne Berfelz � Enclosures :+.-4i�BB96iz_. r..�................ _ _ _ ' _ ..� ��ifL � •r� r . _` " '• " _ �:o-�p� '_' ...�.. ...»��..""'. . . ""'� � � 1 • ` Monday thru Friday � ' ; �»�, , ' . r . . � . . . � '�� ''"•h.,� _. Lex- Charl Wlni• Cur �, Dawntown ' , i Dodd inpton Men- dadd Dadd •ton irod 6ifi & 5ib Siste ticb 15av f g4 St. Paul ; Paqel and dota and and Ber- Ham- Mlnn and Goa• An- Thomp '� 1�+�� ; Road 110 Piaza Marle Smtth nard boldt �esota Cedar cord drew -son f �� y`' 0'�;a�'''� � AM AM AM AM AM AM AM AM AM AM AM AM '"rti,,.., '`'� \�p,9 `»,,. �`*+4a i 29C 60 614 -- 619 623 624 2 63 4 651 — 702 '. •,,ti.. �F° y :'a,�. ' � 29G &A8 654 -- 659 7d3 �04 70$ 71 724 731 -- 742 " 29 714 719 -- 724 728 729 7 3 743 749 75 -- 8Q7 •''ti,,ti• �' F11vsrvl�w '�? ' i 29 7d4 749 -- 754 758 759 0 813 � 81 -- 837 ,'ti,4 `� P*rlc��at .- A � � 29 &21 824 828 82 83 843 49 ~ � 29C 851 854 858 $59 903 913 919 9 -- 937 ''ti, ��°�. . { 29 921 924 928 929 933 9d3 9d9 ''`� 4 m � r PM PM PM PM PM P PM PM PM PM PM PM 29C 113 119 1 6 129 i39 � i 29G 238 241 245 246 250 30U 3Q& 31 316 326 �K� c j 29C 339 34 55 358 408 at.� � ' ...�.� 2AG 4i6 A23 A31 434 A44 '4f � � 29 424 A27 431 -- 4 446 453 1 504 514 � � 29 52� -- — 528 533 ^— �r 54B 553 � 1 647 614 St. Paul � �, ��x �� s�"�Y � � y �`t • + 29C 553 -- -- 858 602 -- 60G 616 623 631 6 6A4 � �¢ Curtice � i � � � • � • • • - • � • a � n a Gur- Wtni- C6ad Lex- � � , , 15Av tlee Stata 6th & 5th Ired •ton Oadd Dodd . Men- inpton Dadd � • � ihomp An- Gon• Mtnne �ad Num- Ser• and and data and Papei aerr,erd st. � � -son drew cord •sota Cadar baldt nard Smith Marie Plaza 1t0 Rnad �d�•x ButtsrAve. � A AM AM AM AM A M A AM AM aM AM c'"t'r � � 24 1 28 63 640 6 65 -- 659 743 -- -- 708 � 29E 7 657 701 7d9 715 72 -- 72 32 -- -- 737 ; 28D 717 727 731 739 745 75A -- ?58 8Q2 8 �� ' 29D 747 757 801 809 815 824 82$ 29 833 836 West St. Paul a� ! 29D 8�7 827 831 839 8A5 $54 85$ $59 903 9Q6 � � ! 9 850 9q0 904 912 918 Dtvin� ��18y � 29 950 100d 10dA 1012 1018 � p Nosplta�rl (� eryant : M PM P PM PM NI PM P PM PM PM PM -�}��P;,� q�e, : 29D 144 154 15 2Q6 1 221 225 226 230 33 � at.s 29D 33a -- 3Ai 3A9 55 4 408 -009 413 A! @ � 29F 354 -- 404 41 A19 4 9 439 434 4 — 448 AA8 South 5t. Paul a' 29F 424 -- 434 Ad2 449 459 5d3 50d 508 -- 513 518 Mendata Heights � 29F 454 -- 504 512 519 529 533 584 538 -- 543 5A8 � 29F 524 -- 534 542 549 559 603 604 608 --- 613 618 � � Marie Ave. Q SERVICE UPEHAiES MONDAY tHRU ERIpAY EXCEPT ON TNE FOLLOWING HQLIDAYS: New Year's, Memoriai Day, independence Day, tabor Day, Thankspivinq and Christmas. �TH • �� • � Perk and RWe .116 F� Rb 5 ROUTE tNFORMATION � T'^�P°'^' ' � $Msndota � A��e� Plua ....... DawntownZanst�n{t Pack � Ride Location Mendota Heights � � g� p� �' . Mendota Plaza - narth row af parking lot towards �a��Tc � � ; Hwy.110. � , � e��wn of. � ; Schedule subject #o change. �'' �� 'C� � ! �'� Printed on recycled gaper -10% past cansumer iiber x ----,�.�:�: _, .:�� _ _....�.,_. ...._. ,' _ . _.. . . ; .. ...-.— ..�_. �..��s�' . r`�w„ ......_.. % }:� '' : . C ity o� .�.. , 1Viendota Heights June 2, 1995 Ms. Dianne Berfelz � 688 West Wentworth Avenue Mendota Heights, MN 55118 Dear Ms. Berfelz: Thank you for your recent letter concerning the proposed elimination of Bus Route #29 by the Metropolitan Council Transit Commission. The City is very concerned about this proposal and other transit related issues involving MCTO. Your letter has been forwarded to our Mayor and City Council and will be discussed at the Council meeting scheduled for Tuesday, June 6, 1995. The meeting begins at 7:30 p.m. and will be held at Mendota Heights City Hall. Given the length of our agenda that evening, it is unlikely this matter will be heard until sometime after 9:00 p.m. By way of background, enclosed please find a copy of the staff memorandum on this issue which was distributed to the Mayor and Council on June 2nd. Should you have questions regarding this material, please feel free to give me a call. Thank you again for taking the time to share your concerns with us. . We look forward to working with you on this important community issue. Sincerely, CITY OF MENDOTA HEIGHTS �� Tom Lawell City Administrator Enclosure 1101 Victoria Curve • 1Viendota Heights,lViN • 55118 452 • 1850 t�ity o� .,,,, ,, � 1��iendota HQi�hts December 28, 1994- Mr. Randy Rosvald Regianal Transi.t Board �� 230 Eas� 5th S�., 7th Floor r St. Paul, N� 55IQ1 Dear Mr. Rosvold: I wish to thank you and Howard Blin for meeting with me and my etaff on December 7th to discus� transit iesues within Mendota Heights. I appreciate you both taking the time to share with us your e�ertise on this subject. As we discussed that day, a number o� issues need additi.onaZ research prior to us making a decision regarding future tran�it service to aur community., You have agreed to provide us with additional information regarding: 1. A sample communit�y survey form which could be used to solicit resident needs and perceptions relative to transit serva.ce . 2. More �pecific ridership data for Routes 29 and 5 by raute leg, destination and time of day. 3. Current levy informa�ion for feathered and non- feathered service to Mendota Heights. . • 4. Update an i.mplementation of cammuter service to downtown Minneapolis via the newly reopened Mendota Bridge. 5. E�cample of how a local circulator route could be designed, funded and operated ta serve Mendota Heights • residents. 6. E�camp].e of how a sma.11 bus e�cpress service could be designed, funded and operated to serve Mendota Heights - residents. 11Q1 Victaria Curve •1V�iendota Heights, 1V�N � 5�118 �52-1850 Metropolitan Council . � Working for the Region, Planning for the Fi�ture � May 23, 1995 Tom Lawell City Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Lawell: Attached is the transit related information you requested from the Metropolitan Council staff in late December 1994. I apologize for the delay in responding to your data request. 1. Information request - A sample community survey form which could be used to solicit resident needs and perceptions relative to transit service. Response - See attachment 1- City of Plymouth transit needs assessment, survey prepared by RTB staff in early 1992 and used b;� the City of Plymouth to identify unmet transit needs. 2. Information Request - Specific ridership data for Metropolitan Council Transit Operations (MCTO) routes number 5 and 29 by route leg destination and time of day. Resgonse - See attachment 2- Bus stop inventory and daily rider boardings/alightings for MCTO route 29 (compiled by MCTO planning staff April 1995). Two separate analysis of daily patronage were examined. The 1992 Comprehensive Operations Analysis (COA) which was previously presented to your office and a more rece�t analysis using Automatic Passenger Counters (APCs). A recent technology obtained by MCTO on a limited number of buses. APC equipped buses were deployed on MCTO routes 5 and 29 in March and April 1995. Here is the breakout of daily passengers by route segment within Mendota Heights. � • '• - � Northbound trips total daily boardings Southbound trips total daily alightings MCTO route 29 (common routing along Dodd Road) Northbound trips daily boardings Southbound trips daily alightings MCTO Route 29F (Marie, Victoria, Lexington) • Northbound trips daily boardings • Southbound trips daily alightings MCTO Route 29 DE (Dodd Rd., Mendota Plaza, Pagel Rd.) 230 East Flfth Street St. Paul, Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 An Equal Opportunity Empbyer 1992-COA 1995-APC 20 19 23 - 26 11 13 ' 4 TDD/TTY 291-0904 Metro Info I�r►e 229-3780 � May 23, 1995 Page 2 Mr. Lawell Northbound trips daily boardings Southbound trips daily alightings 3 7 Route 29 Total Daily Patronage within the city of Mendota Heights • Daily Boardings . 19 • Daily Alightings 25 3. Information Request - Current levy information for feathered and non-feathered transit service to Mendota Heights. Response - The city of Mendota Heights presently receives off-peak frequencies of greater than 60 minutes and receives a tax capacity rate reducrion of .510 from the full levy. In 1994 Mendota heights transit levy was $300,486. If the City were to receive no off-peak service, than a tax capacity rate reduction of .765 would be in effect. The tax levy for Mendota Heights would be reduced by $13,321. 4. Information request - Up-date on implementation of commuter service to downtown Minneapolis via the reopened Mendota Bridge. Response - In light of the existing transit operating funding shortfall, previous plans to reroute MCTO route 95M via the Mendota Bridge have been canceled. 5. Information request - Example of how � a local circulator route could be designed, funded and operated to serve Mendota Heights residents. Response - Before designing a local circulator route to serve Mendota Heights, two questions must be answered, what is the purpose and function of a local circulator? What is the service area the circulator is attempting to serve? Local experience with circulator services has demonstrated success in areas with the following characteristics: • • High number of internal trips. • Lack of other transit services. • High number of transit dependents. • Proximity to a major trip generator such as a regional shopping center. Review of the Dakota County Transit Needs Assessment containing information on transit dependent populations, travel patterns and trip volume will assist Mendota Heights in determining the purpose and design of a local circulator. Staff of the Metropolitan Council's off'ice of Transportation and Transit Development have experience in implementing local circulator services in the Twin Cities Metropolitan Area, including the Roseville Area Circulator. BELINE route 88-89 in Blaomington, Northeast Suburban May 23, 1995. Page 3 Mr. Lawell Dial-A-Ride in North St. Paul, Maplewood and Oakdale. There are several examples of existing local circulators that Met Council staff could provide additional information to Mendota Heights. Funding for local circulator services usually is derived from a combination of the following sources: lacal community funds, state general funds, passenger fares, and property taxes collected by the Metropolitan Council. 6. Information request - Example of how small bus express service could be designed, funded and operated to serve Mendota Heights residents. Response - Small buses have been operated on express services in:situations where service either fails to meet performance standards and is "bid out" to a private provider (with a lower operating cost than MTC), or on new service usually operated' by an opt-out program which has competitively bid service and specified for small bus equipment. Presently, MCTO daes not own or operate small buses. There aze several small bus/private operators presently under contract with the Metropolitan Council who may be interested in providing this type of service. Hourly operating costs of privately provided small bus service ranges from $28.00 to $53.00 per service hour. At operating costs of this level, it is often times more cost effective to establish vanpool or carpool programs due to lower operating costs (free driver labor). If you have any further quesrions regarding this matter, please do not hesitate to contact me at 229-2710. Sincerely, Randy Rosvold Senior Transportation Planner RR:jlm • cc: Jim Johnston, MCTO Service Planning and Scheduling � Attachment ?��C�1 ��-1J� � City of Plymouth �an.sit Needs Assessment Survey The City of Plymouth, with assistance from the Regional Transit Board (RTB) and the Metropolitan Transit Commission (MTC), is exploring - the feasibility of providing additional transit service for ihe city's' residents to locations of high interest both inside and outside the city . limits. Some typical examples of destinations would be grocery stores, places of employment, and retail ceniers to which you would like access. Please take a few minutes to complete this questionnaire and return it to the City of Plymouth. We ask that you oomplete only one sLuvey. If you receive this survey at other locations, please do not complete a sec�ond survey. If you wish to receive the results of the survey personally, please indicate by checking below and include your name and mailing address so they may be forwarded to you upon completion. Otherwise the results will be reported at a later date. YES, I WANT THE SURVEY RESULTS MAILED DIRECTLY TO ME UPON THEIR COMPLETION. Name Address: City and Zip Code: Please detach this page from the survey to ensure confidentiality. For questions 1 tlxroug'h 4, answer only those that appty. 1. Please indicate, on the average, the number of irips per week yaur household makes within the City of Plymouth for the following purposes: Work Medical 5ocial � School--class _ Shopping Schoal-•extra curricular Other (specify: ) ,�f° 2. Please indicate, on the average, the number of trips per week your household makes autside the City of Plymauth for the following purposes (please indicate the city in whi.ch the aciivity #,akes place}: Work (ciiy ) Shopping (city ) Schoal--class (city } School--extra curricular (city ) Medical (city } Social (city ) 3. What type of transpartation do you use mosi to travel to and from (check one far each purpose): Work ' Shapping School--class Schaal--e�rtra curricular lYIedical Social Drive Car/Van Alone Pool Bus ___.� � 4tiier (�,pe�f'y) 4. What time of day (Monday-Friday� do you usually start yaur travel far the following purposes: . Work � Shopping School--class School--extxa curricular Medical Social 0 a.m. a.m. a.m. a.m. a.m. a.m. Plecxse cicre.swer qu,estio»s 5-20. 5. Are any af ihe following faciars xegardin,g yaur current commutes of serious concern to yau? (circle one for each) a. Transportation costs (gas, insurance, maintenance, etc.) b_ Parking casts c. Time spent driving d. Personal safety walking iolfrom car _ e. Stress caused by driving f. �'ollutian caused �y driving g. Infrequent bus service h. Unreliable bus service i. Cost of bus ride j, Time it ta.kes on the bus . k. Qther; Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No I�o No I�Ta No I�To No �4 No 6. If you currently work outside the home, (pl.ease answer questions 6 through 12, othexwise ga to question 13} how much fle�-ibility do yau usually have over your start and end times? None, must start at specific time Up to 15 mznutes leeway Up to 30 mi.nutes leeway More than fi0 minutes Totally flexible 7. How many minuies does it usually take you to travel to wark? {�ircle one} 1-10 1.1-2Q 21-34 31-40 4I-50 51-60 over 60 $. During a typical week, how many days per week do you use your vehicle for r�on-work related trips an your way ta or fram work or during the day? {circle one) . 0 1 2 3 4 5 9. Typically, how many days per week do you use yaur vehicle for work-related �rips, excluding your trip tt� and from work? {circle one} 0 1 2 3 4 5 10. What would persuade you ta share your ride to work in a car/van paol or bus at least two or three times per week? {Please prioritize no more than five options below, with 1 being the most effective and 5 being the fiifth most effective.) ' - _ Free or reduced parking costs for carlvan pools . Closer or better parking far carlvan pools Discounted bus passes available thraugh work Expanded hours of bus service . Guaranteed ride home in the case of emergency or if needed fi.o wark late Assistance with forming a car/van pool Bus route and schaduling infaxmation Safe bicycle storage F1exible work hotzrs Convenient bus service to my work place Bus service closer to my hame Free bus �service Oiher: 11. Is free paxking provided at yaur place of employrnent? Yes Na If na, what do you pay per day? 12. Haw do you classify yourself? Student SecretariaUClerical Sa].eslService � Health Care Production Technical ' ManagementlAdminisiraii.on Retired � 4ther. 1.3. If the improvements you checked a.n question 10 were made, how likely would you be to take the bus or car/van pool? Very likely Somewhat likely Somewhat unla.kely Unlikely :14. �iow often per week would you use this service? Van Pool Bus Once a week Once a week 2-4 times a week 2-4 times a week 5 ar more times per week 5 or more times per week Never Never 15, Where inside Plymouth wauld you like ta see new bus service? (Please name • specxfic areas, businesses, and/or activity centers. Please list three.) 1fi. What destinaizons outside Plymauth would yau Iike �o see served by new bus serv%ce? (Please name specific areas, businesses, and/or activity centers. Please Iist three.} 17. Do yau drive? Yes No a 1$. How many cars do you have in your household? (circle} 0 1 2 3 More than 3 1.9. Is a car generally available far the fallowing purposes? Wark Social Shopging Medi.eal School--class ' School--exira curricul.ar 2p. Do yau currently live in: Single-£amily home Apartmenticondo/multiple-family unit Qther 21. V�hat is the ciosest intersectian to your home? 22. What is yaur zip code? t � Mendota Heights Police Department MEMORANDUM May 30, 1995 TO: Mayor and City C '1 City Administra FROM: Chief Delmont Subject: Curfew Ordinance Council has previously passed a resolution approving the concept of a county wide curfew law. That law will now become effective June 1st in Ramsey, Dakota, and Hennepin Counties. The attached are two items for Council consideration. 1. A city ordinance which conforms to the multi-county laws that are going to be in effect June 1, 1995; 2. A package of information from the Dakota County Attorney that described in detail ordinance #122. Recommendation Recommend that Council approve the attaclied ordinance which replicates the Dakota County ordinance #122 - Juvenile Curfew. 0 f � CIIRFEW GIIIDELINES The Da)�ota County Juvenile Curfew Ordinance No. 122 takes effect on June 1, 1995. This memo provides a brief summary of the new ordinance and some.guidelines for curfew enforcement. I. THE ORDINANCE A: General The curfew ordinance prohibits juveniles from being in a public place during certain nighttime hours. * A public place is any place to which the public or a substantial portion of the public has access. This includes schools, streets, parks, movie theatres, restaurants, bowling alleys, etc. B. Status of other Cities' Curfew Ordinances Cities may still enforce their own juvenile curfew ordinances. City ordinances may be more strict than the county ordinance, but may not be more lenient. Some cities have enacted curfew ordinances identical to the county ordinance, except that 17 year olds are included. II. JLTVENILES Aqe 14 and vouncrer - Weekdays - Home by 10 p.m. Friday and Saturday - Home by 11 p.m. Acte 15 and 16 - Weekdays - Home by il p.m. Friday and Saturday - Home by midnight. Acte 17 - Governed by City Ordinances. (I have asked the Legislature to give counties the authority to include 17 year olds in our ordinance•and it is my understanding that this has been included in the omnibus crime bill which was passed. We plan to request our County Board to amend our ordinance after the effective date of the new law.) A. Exceptions The curfew does not apply if the juvenile is: (1) with a parent, guardian, or "authorized adult" who is at least 18 years old and authorized by the parent or legal guardian to accompany the juvenile; _ (2) at work or in the process of going to or coming home from work; (3) involved in an emergency; 1 (4) going to, attending, or coming home from a supervised school, church, or community activity; (5) running an errand at the direction, of his/her parent or guardian; (6) traveling interstate; (7) in front of his/her own residence or the property next door to the residence; (8) engaged in the valid exercise of First Amendment rights; and (9) homeless and living in a public or semi-public place. B. Penalty and Prosecution Violation of the curfew is a status offense. The procedure for processing citations has not changed. Citations should be sent to the Juvenile Court. Curfew tags should not be referred directly to the County Attorney�s Office. The correct charge for violation of the County curfew ordinance is: Dakota County Ordinance No. •122, subd. 4(a), for juveniles 14 and under, or Ordinance No. 122, subd. 4(b), for juveniles age 15 and 16. II2. PARENTS OR GIIARDIANS A parent or guardian violates the ordinance if he/she knowingly, or through negligent supervision, permits a juvenile to break curfew. * The term "knowingly" includes both actual and constructive knowledge (i.e., the parent knew or should have known �about the curfew violation). * "Negligent supervision" covers situations where a parent or guardian fails to exercise a reasonable degree of �supervision over a juvenile which allows the child to violate the curfew. , A. -Exceptions A parent or guardian has a defense to prosecution if the juvenile has a defense to prosecution. B. Penalty and Prosecution It is a misdemeanor for a parent or guardian to allow violations of the curfew. Parents and guardians will be prosecuted by the County Attorney's Office, and will be handled like any other misdemeanor case prosecuted by our Office. The charge for violation of the curfew ordinance by a parent or _ guardian is: Dakota County Ordinance No. 122, subd. 4(c). � � IV. BOSINESS PROPRIETORS Proprietors violate the ordinance if they knowingly permit juveniles to remain in•their establishments during curfew hours. A. Exceptions . A proprietor has a defense to prosecution if: (1) the proprietor or an employee reasonably relied on a juvenile's representations of age. Proof of age can be demonstrated by any verifiable means, including a driver's license, state I.D. card, school I.D., birth certificate, etc. (2) the proprietor or an employee promptly notified the police that a curfew violator was in the establishment. B. Penalty and Prosecution It is a misdemeanor for a proprietor of an establishment to allow violations of the curfew. Proprietors will be prosecuted by the County Attorney's Office and these curfew violations will,be handled like any other misdemeanor case prosecuted by our Office. The charge for violation of the curfew ordinance by a proprietor is: Dakota County Ordinance No. 122, subd. 4(d). V. ENFORCEMENT A. Probable Cause Like other criminal offenses, an officer must have probable cause to believe that the juvenile, parent, or proprietor is violating the curfew ordinance for the officer to issue a citation. In other words, the officer must reasonably believe that, based on the specific circumstances, an offense has occurred and that no defense exists. Before taking any enforcement action, the officer should ask the suspected offender's age and reason for being in the public place or establishment, and, in the case of a parent or proprietor, the officer should ask appropriate questions regarding their "knowledge'� as outlined above. To be valid, a defense must be readily apparent from the circumstances or the juvenile�s conduct immediately prior to the officer's contact. B. Verification Officers should verify the information provided by the juvenile, parent, or proprietor whenever possible. If verification is not possible, the reason(s) should be noted in the officer's report or on the citation. _ 3 � C. Selective Enforcement It is important that curf�w violatians are enforced equally throughout Dakota County. The curfew may be struck dawn by courts i� sel.ective7.y enforced against pro�ected group�. - YI , C}TFIER -ENF'ORCEMENT CONSIDERATIONS * Juveniles under 10 years old are nat consi.dered delinquent and cannot � be given curfew citations under the law. These juveniles should be transparted harae or to a juveni3e shelter. * Marri.ed juvenil.es are exempt fram the ordinance. * A juvenile can be cited only if found in a"public place�� after curfew hours. This daes nat include hotel rooms and private residences. * Officers should not cit�e juveniles for curfew violations based solel.y an a parent's report that the juvenile has been out past curf ew . � * The term "authorized adult" includes those 28 and over. Watch �or �ituatians a.nvol,ving a juvenil.e's older sibla.ng (e.g., 18 year old sister} ar adult �riend. If the parent has given the juvenile permission to be out with the sibling, there is no curfew violation. * The curfew is intended to target business owners who habitually permit juveniles to remain an their premises after curfew, and pareants whose lack of supervision endangers their children or who habituall.y allow their children to remain out aft�r curfew hours. The cur�ew does not, however, cover situa�.ions where a parent is not aware that his or her child is out during the prohi.bited hours. - � � Parents cannot give their children blanket permission to break curfew. A juvenile can be cited for curfew even if his or her parent does not care if the child is out or has given the child permission to be out after hours, provided 'it is not a legitimate "errand" situation. The exceptian for first amendment rights i� intended ta pratect a juvenilejs rig`ht to engage in politicai, religious, or other �ree speech activi�Gies, An example of a legitimate fir�t amendment activity a,s a midnight march protesting neighborhood violence. Juveniles do not have a generalized right of "social" association. If a juvenil.e is just hanging out on a street carner with i'riends, he/she a.s not exercising his or her right to freedom af associatian. - * Examples of of�icial schoal, religiousr ar civic activities excepted frozn the curfew include school dartces, plays and 4 sporting events; midnight mass; county �airs; and Fourth of July fireworks displays. * Discretion and common sense must b� used when determining whether a juvenile is travel3ng to ar from work ar ather authorized activities. officer� must allow juveniles a reasonable amount of travel time. The fact that a juvenile may work after curfew, however, does not give the juvenile license to stay out during prohibited hours under the pretext of being on his ar her way home. � * The exception permitting a juvenile to remain on th� sidewalk in fron� o� his or her residence ar the property next door is analogous ta the "wingspan" cancept in search and seizure law. For juveniles that live in apartments, their wingspan extends to the public areas on neighboring�properties. This e:iception does not mean that a juvenile aut.after curfaw cannot be cited for trespass, disorderly conduct, or other offenses if the facts oE the sztuation warrant such a citation. * Business owners have a defense to curfew violation i� they notify the police that a juvenile is on their premises after curfew. The proprietor is not required to evict or detain the juvenile to raise this defense. * When interpreting the curfew, words should be given their common �ense meaning. Discretion �hould be used to promote �he public policy underlying the ardinance {i.e., pratecting juveniles from victim�zation and preventing juvenile crime). Exercise your best professional judgment. If you have any questions about the cur�ew generally or about a speci�ic case, please contact the Juveni2e and Family Services Division of the Dakota County Attorney's Office. MD/C94-887 5 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 77 (CODIFIED AS ORDINANCE NO. 908) The City Council of the City of Mendota Heights hereby ordains as follows: SECTION 1. Ordinance No. 77, "AN ORDINANCE ESTABLISHING A CURFEW FOR MINORS AND PROVIDING PENALTIES FOR VIOLATION THEREOF," cod.ified as Ordinance No. 908, is hereby amended in its entirety so that as amended it shall read as follows: SECTION 1. PURPOSES AND FINDINGS 1.1 The City Council of Mendota Heights fmds and determines that there has been an increase in juvenile violence and crime by minors in the City of Mendota Heights. 1.2 Minors are particularly susceptible by their lack of maiuriry and experience to participate in unlawfiul activities and to be victims of older perpetrators of crime. 1.3 Because of the foregoing, special and extenuating circumstances presently exist within this City that require special regulations of minors within the City that require special regulations of minors within the City in order to protect them and other persons during the nighttime hours, to aid in crime prevention, to promote parental supervision and authority over minors and to decrease juvenile crime rates; and 1.4 In accordance with prevailing community standards, this Ordinance serves to regulate the conduct of minors in public places during nighttime hours, to be effectively and consistently enforc,�d for the protection of minors from each other and from other persons, in public places during nighttime hours, for the enforcement of parental control of, authority over, and responsibility for their children, for the protection of the general public from nighttime mischief by minors, for the reduction in the incidents of juvenile criminal activities, for the furtherance of family responsibility and for the public good, safety and welfaze; and 1.5 It is the intent of the City Council to review and evaluate the need and effect of nighttime curfew for minors set forth in this Ordinance on the incidents of juvenile criminal activity and protection of minors against criminal activity. SECTION 2. AUTHORITY. 2.1 This Ordinance is enacted pursuant to the authority granted under Minn. Stat. 145A.05, subdivision. 7a (1994). SECTION 3. DEFINITIONS. 3.1 "Authorized adult" shall mean any person who is at least eighteen (18) years of age and authorized by a parent of such minor to take said pazent's place in accompanying said minor for a designated period of time. � 3.2 "City Council" shall mean the City Council of the City of Mendota Heights. 3.3 "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life. 3.4 "Minor" means a person under the age of seventeen (17) years. The term does not include persons under 17 who aze married or have been legally emancipated. 3.5 "Parent" shall mean any person having legal custody of a minor (i) as natural, adoptive pazent, or step-parent; (u) as a legal guardian; or (ui) as a person to whom legal custady has been given by order of the court. 3.6 "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, roadways, parks, public recreation, entertainment or civic faciliry, schools, and the common areas of hospitals, aparrment houses, office buildings, transport facilities, and shops. 3.7 "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss of impairment of the function of any bodily member or organ. � . SECTION 4 PROHIBITED ACTS . 4.1 1. It shall be unlawful for any minor under the age of Fifteen (15) years to be present in any public place with the City of Mendota Heights. a. any time between 10:00 p.m. on any Sunday, Monday, 'hiesday, Wednesday, or Thursday and 5:00 a.m. of the following day. b. any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. 2. It shall be unlawful for any minor aged fifteen (15) or sixteen (16) years to be in any public place with the City of Mendota Heights. a. any time between 11:Q0 p.m. on any Sunday, Monday, T�.tesday, Wednesday, or Thursday and 5:00 a.m. of the following day. b. any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday. 3. It shall be unlawful for a parent or authorized adult of a minor .to knowingly, or through negligent supervision, permit such minor to be in any public place within the City of Mendota Heights during the hours prohibited by Paragraphs a and b of this Subdivision herein, under circumstances not constituting an exception to this ordinance as set forth herein. The term "knowingly" includes knowledge which a parent or authorized adult shall reasonably be expected to have concerning the whereabouts of a minor under such person's care. 4. It shall be unlawful for any person operating or in charge of any place of amusement or refreshment which is open to the public to knowingly permit any minor to be in such place during the hours prolubited by Paragraphs a and b of this subdivision herein, under circumstances not constituting an exception of this ordinance as set forth herein. The term "person operating" shall mean any individual, firm association, partnership or corporation operating, managing or conducting any such establishment. The term includes the members or partners of an assaciation or partnership and the officers of a corporation. SECTION 5 EXCEPTIONS 5.1 The following shall constitute valid exceptions to the operation of the curfew: a. at any time, if a minor is accompanied by his or her parent or an authorized adult; b. at any time, if a minor is involved in, or attempting to remedy, alleviate, or respond to an emergency; c. if the minor is engaged in a lawful employment activity, or is going to or returning home from lus or her place of employment; � d. if the minor is attending an o�cial school, religious, or other social or recreational activity supervised by adults and sponsored by a ciry or the county, a civic organization, or another similar entity that takes responsibility for the minor; e. if the minor is going to or returning home from, without any detour or stop, an o�cial school, religious, or other recreational activiry supervised by _ adults and sponsored by a city or the counry, a civic organization, or another similar entity that takes responsibility for the minor; f. if the minor is on an errand as directed by his or her parent, without any detour or stop; g. if the minor is engaged in interstate travel; h. if the minor is on the public right-of-way boulevard or sidewalk abutting the minor's residence or abutting the residence of the next-door neighbor if the neighbor has not complained to the police department about the minor's presen�e; i. if the minor is exercising First Amendment rights protected by the United States Constitution (or those similar rights protected by Article I of the Constitution of the State of Minnesota), such as free exercise of religion, � freedom of speech, and the right of assembly; or �� j. if the minor is homeless or uses a public or semi-public place as his or her usual place of abode. 5.2 It is an affirmative defense to prosecution under Subd. 4(d) that: a. the owner, operator or employee of an establishment promptly notified the police departinent that a minor was present on the premises of the establishment during curfew hours and refused to leave. b. the owner, ogerator or employee reasonably and in good faith relied ugon a minor's representations of proof of age. Proof of age may be established pursuant to Minn. Stat. 340A.503, subd. 6, or other verifiable means, including, but not limited to, school ident�cation cards and birth certificates. SECTION 6 ENFORCEMENT Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in a public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that no exception set forth in Subdivision 5 is applicable. SECTION 7 PENALTIES (a) Violation of Subdivision 4(a) and (b) will be prosecuted pursuant to Minn. Stat. 260.195 and will be subject to the penalties therein. (b) Violation of Subdivision 4(c) or (d) shall be a misdemeanor. SECTION 2 EFFECTIVENESS This ordinance shall be ia full force and effect from and after is publication according to the law. Enacted and ordained into an ordinance on this day of , 1995. ATTEST: :� I: CITY OF MENDOTA HEIGHTS Charles E. Mertensotto, Mayor Kathleen M. Swanson, City Clerk CITY OF MENDOTA HEIGHTS _ June 2, 1995 TO: Mayor, City Council and City Admini : FROM: Marc Mogaa MSM Civil Engineer SUBJECT: Modified Sprinkling Plan Variance Requests DISCUSSION: Staff has received sprinkling plan variances requests from United Properties, Independent School District 197, and the Mendota Heights Park Maintenance staff. United Properties: United Properties has submitted a sprinkling plan variance request, and a detailed wateri.ng schedule for their properties (see attached letter). The sprinkling plans that they have proposed comply with the sprinkling time duration, but vary from the allotted day and time. Sprinkling of these properties in accordance with their proposed schedule would coincide with the period of lowest water demand. The�landsca.pe architect responsible for the landscaping on these United Properties parcels have indicated that these sprinkling schedules, when combined with the exemptions routinely granted for new landscaping installations, should be sufficient to meet their minimum irrigation requirements. Independent School District 197 Athletic Fields• ' Gerald Ferguson, the supervisor of building and grounds for Independent School District No. 197, has requested a variance from the allotted sprinkling times for the 5ibley High School and 7oint Venture 5ports Complex athletic fields because of their scheduled use at those times (see attached letter). These turf athletic fields are subject to heavy use and require proper water to maintain growth and good playability. Dry fields become hard and can cause injury to participants. Excessive watering caa create slippery conditions that can also be unsafe. Watering of these athletic fields per the proposed schedule would eliminate the time conflict with the fields' use, and would coincide with the period of lowest water demand. A sprinkling program that promotes healthy turf grass on these athletic fields will also promote safe playing conditions. Kensington and Mendakota Parks Athletic Fields: The park mai.ntenance staff has asked for aa exemption from the modified sprinkling plaa for the athletic fields at Mendakota and Kensington Parks. 'Purf areas subjected to intensive play require adequate water to mai.ntain growth. Dry fields become very hard.and can cause injury to those using the play fields. In addition, the current topdressing and over seeding operations at Kensington soccer fields require adequate moisture for germination of the grass seed. The irrigation system at Kensington Park would be set to run on even numbered days and the Mendakota Park system on odd numbered days. Each zone would be set to water for a period of from ten to fifteen minutes. Any longer is wasteful due to the heavy clay soil conditions. The systems require approximately two hours to complete a full cycle and would be set to run fmm four to six o'clock ia the morning. Over watering caa allow pockets of water to accumulate on the field or just run off into the storm sewers. Trapped water will create wet or slippery areas on the fields that are not conducive for safe play. Both systems are equipped with Rain 5ensors that will "override" the automatic timers if adequate rain has fallen on the previous day. RECONIlVIENDATIONS: I recommend that City Council grant a variance from the adopted modified sprinkling plan allowing United Properties to irrigate their landscaping in accordance with their proposed watering schedules. to m�x�m»� sprinkling efficiency and at the same time elimi.nating any possible tenant inconvenience. I also recommend that City council grant variances, in the interest of safety, from the scheduled watering periods for the 7oint Venture Sports Complex, Sibley High School, Kensington and Mendakota Parks Athletic Fields, in accordance with their respective watering schedules. . ACTION REQUIIiED: If Council concurs with the recommendations, they should grant variances from the adopted Mod.ified 5prinkling Plan to allow sprinkling of the United Properties parcels, the Joint Venture Sports Complex, Sibley High School, Kensington and Mendakota Parks athletic fields in accordance with their respective proposed sprinkling schedules. MSM: dfw Attachments m UNITED PRCIPERTIES May 11, 1995 Mr. Kevin Batchelder City of Mendoia Heights 1101 Victoria Curve Mendoia Neights, MN 55120 Subject: Mendota Heights Bus�ness Park Dear Kevin: �� ?,�.�,,.;..�.�,� � � � ��a �� As requested, i am submitting to you a list of projects within the business park, and their landscape/irrigation needs. The approach we have taken is to study each project independentiy regar,ding its watering needs. Obviously new projects require more irrigation to allow root systems to mature and the older projects require only maintenance watering. The projects we manage inc(ude: PrimeNe# Northland fnsurance Lennox Mendota Heights Business Genter BDS VGC Soivay - Phase t & ii Southridge Business Center The direction that 1've given to our properiy management team and our landscape architect, is that we are not interested, during this water-use reduc#ion period, in keeping landscape absalutely green. tnstead, our goal is to give the landscaping only the water needed to keep it alive. - We do require flawer beds at the entries of many of these projects because it is part of the corparate image they have established. Hawever, we will not plant flowers in general areas of the business park, such as the corner monuments, until the water-use reduc#ion period has expired. 1 have asked our property managers to prepare random schedules #or all a# these properties, so they are not alf being watered at one time. We hope that you will trust United Properties to manage that aspect of this plan, 3500 West 80th Street Minneapotis, Minnesota 5543I 612 831-1000 Fax: 6I2 893-8804 • . , - May 'i 1,1995 Mr. Kevin Batchelder City of Mendota Neights Page 2 • We respectfully request that the properties listed herein, be exempt during. the water- use reduction period. Vt/e understand that the water-use reduction period expires approximately July 15, 1995; thereafter we wi!! resume narma! watering schedule. Please call me if you have any questions, otherwise we will execute this plan. Ve truiy yours, G�(,/� �•�" Dale J. Glowa Senior Vice Presiden# DJG/dgw cc: Gayle Dreon, United Properties Pat Kriske, UnEted Properties Valerie Rivers, Ernst Associates 0 c:ldjg�batchldl.ftr Ernst Associates MEMO Date: To: From: 5 May 1995 Dale Glowa, United Properties Valerie Rivers, Ernst Associates Re.: Mendota Hts. Business Park / Irrigation Guidelines In response to our conversation earlier this week� I have put together some irrigation guidelines for some of our most recently installed landscapes in Mendota Hts. Business Park. The projects in questwn are: BDS, Northland Insurance - Phase II and PrimeNet Data Systems, all of which have at least some planting scheduled for Spring 1995. Trees and shrubs for these projects can be watered with a good soalang once a week; less if the weather is cool and rainy. In addition to the pr�jects mentioned above, VGC Corp., Lennox Industries and Solvay Animal Health - Phase II are projects that have been installed in the last 1-2 years and will need some irrigation also. For all of these projects, it is most critical that any and all flower beds (particularly annual beds) and lawn areas receive water daily, under hot and dry conditions. Again� less water will be needed if cooter weather persists and possibly no water if �ainy weather persists. � However, I think that the most helpful watering guideline I can offer is careful and frequent monitoring of the irrigation systems for all of these projects. If this monitoring is done to respond to the weather conditions as they change, I feel you will achieve the most effective and conservative water usage possible. If you have any questions in regard to this memo, please do not hesitate to call. IANDSCAPE ARCfCITECTURE ■ LANU PLANWNG � 122 WEST SlXTH STRfET ■ CHASKA, MINNESOTA 55318 � PFfO�tE 612�448-4094 Mendota Heights Business Center � 2520 Pilot Knob Road 1340 Mendota Heights Road 1369 Mendota Heights Road _1370 Mendota Heights Road 1333 Northland Drive 1345 Northland Drive Description• The entire complex consists of six (6) sepazate industrial buildings with a total of twelve (12) tenants. A diagram of the complex is attached, Irrigation Needs• The watering needs of Mendota. Heights Business Center (IVII3BC) aze diverse due to the fact that irrigation zones affect buildings which have both even and odd addresses. To effectively water MF-IBC, United Properties would like to urigate overnight, thereby maximizing absorption into the turf and avoiding possible pmblems with tenants and their vehicles. We propose, throughout the course of one week, watering a zone for 2.5 hours maximum. For example, a zone would run Monday, Wednesday, Friday and Sunda.y evenings for approximately 40 minutes. ff we are fortunate enough to receive ample rain, these times would certainly be reduced. to the appropriate level. 0 mendota/wauring ..•A:� � y:�,��,. 0 O a m 0 i � �- 0 �.l a .. . . .. • --- --- •---- - -•--r.�. Lennox Industries 1300 Commerce Drive Descriation• Lennox Indu�tries is a 30,040 square foot industrial project developed by United Properties for Lennox Industries. Because the building is relatively new, root structures have not developed fully. Irri�ation Needs: Ideally, Lennox Industries can be adequately irrigated by providing each zone with 2.5 hours of water per week, maximum. We recommend watering overnight to maximize absorption into the turf and flowerbed areas. Each zone would be run for approximately 40 minutes, four (4) nights per week, maximum. If less irrigarion is necessary, the time allotted per zone would be appropriately reduced. lauiox/wa[ering Northland Insurance Building 1285 & 1295 Northland Drive Description• The project consists of two (2) buildings connected by a wallcway. The second building (1285) is relatively new, and thus the root systems of the turf are not as well developed as those in Phase One. Irrigation Needs• As with the other commercial properties, IVIC requests imigating overnight to m�X;m; �p water absorption into the turf and flowerbed. areas. To effectively water the 1vIC location, we recommend irrigating at a maximum of 35 minutes per zone, four (4) nights per week. Effectively, this totals appmximately 2.5 hours per zone per week. In the event less urigation is needed, the time allotted per zone will be appropriately reduced. wct/watecing Solvay Animal Health Labs 1201 & 1210 Northland Drive Description: The project consists of two (2) buildings connected by an internal walkway. The:second building (1210) is relatively new, and thus the root systems are not as well developed as those in Phase One. Irrigation Needs: As with Mendota Heights Business Center, Solvay Animal Health Labs requests irrigating ovemight to maximize water absorption into the turf and flowerbed areas. To effectively water Solvay Animal Health Labs, we recommend irrigating at a maximum of 35 minutes per zone, four (4) nights per week. Effectively, this totals appmximately 2.5 hours per zone per week. In the event less irrigation is needed, the dme allotted per zone will be appropriately reduced. 6 solvay/watering Southridge Business Center 1255 Mendota Heights Road Descriqtion• Sauthridge is a SS,Q00 square foot industrial praject developed by United Properties. This muiti-tenant bu�ding is appra�cimately 90% occupied Irrigation Needs• Ideally, Sauthridge site can be adequately urigated by providing each zone with 2.S hours of water per week, maximum. We recommend watering overnight to maximizx absorptian inta the turf and flowerbed areas. Each zone wouid be run for appra�cima.tely 40 uunutes, fowr (4) nights per week, maximum. If less urigation is necessary, the time allotted per zone wouid be appropriate2y reduced. � sout�idgetw�ciing a ' t ..� �lr� iy �xcF�` y U�°�� .� jy�s`��I�'`1 a ��L Di5'�R1 BUILDIly'GS AND GROUNDS DEFARTMENT 183 West Butler Avenue West S�. Paui, l�tinnesota ��i 18 (612) 681-237$ Mr. Mazk Morgan City of Mendota Heights 1101 Victoria �urve Mendata. Heights, MN 55118 Re. Sprinkling Ban Vaariance Dear Mr. Morgan, GER,ALD F'ERGUSON Supervisor May 23, 1995 At this time I am regue:>ting a change in the times that the sports fields�at Sibiey I�igh School can be watered. The present schedule is, Area "C" - Sunday - 9:4f1 p.m, to lf}:Ot} p.m., Tuesday 2.{}0 p.m. to 3:00 p.m., Friday 11:Ot} a.rn. to 12:0{} p.m.. Because the fields are being used du�ing tlie assigned times, I am requesting a change in the schedule to the fallowing times: Every other day - 2 1/2 hours per day Haurs 12:Ot} midnight to 2;30 a.m. C1nIy under and exceptionally dry summer wauld we request 5 haurs per day - 3 days ger week. The schedules pertain to both the Joint Venture Sparts Complex and Henry Sibley High School fields. Thank yau far your consideration in this matter. Sin y, erald A. ergvsan � �� Supv. Buildings & Grounds cc: Dean Verdoes Lais Rocl�ey Dick Schmidberger � TNDEPENI)ENT SCHOOL DISTRICT NO. ].97 Distrfct Offices I897 D�laware Avenue West St, Paul, Minncsota 55118 (612} gg�,-�340 Se:ving Wes# S� Fan1. Mendota Hei,ghts� Ea�gan� Mendota, SuuSsh La1ce, Lilydale� and Inver Grove Heights CITY OF MENDOTA HEIGHTS MEMO June 2, 1995 TO: FROM: Mayor, City Council, City A a Kathleen M. Swanson�S City Clerk SUBJECT: Ballfield Use - Tax Forfeit Pazcels INFORMATION On Apri118 and May 16, Council received memos regarding the classification of tax- forfeited properties within the Centre Pointe development. Direction from Council on May 16 was to investigate the potential for tee-ball fields on pazcels adjacent to the cemetery property and to prepare information on assessment delinquencies on the Centre Pointe lots. DISCUSSION Treasurer Shaughnessy has researched the assessment information for all of the forfeited plats within the development. Delinquency information on the four recently forfeited lots abutting the Resurrection property is as follows: Parcel Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 Lot 4, Block 1 Delinquent Principal & Interest $ 54,211.10 $ 49,316.28 $ 49,316.28 $ 79.562.45 $232,406.11 Assessment Principal Balance $17,010.35 $15,419.29 $15,419.29 $24.967.01 $72,815.94 Several other lots in the development were forfeited last yeaz. Assessment information on the two non-redeemed parcels is as follows: Parcel Lot 1, Block 2 Lot 7, Block 1 Delinquent Princinal & Interest $156,340.28 $ 45.300.80 $201,641.08 Assessment Principal Balance $49,056.65 $14.329.16 $63,385.81 Guy Kullander has prepazed information on potential temporary use of the newly forfeited lots in Block 1 for tee-ball and/or transitional ballfields. His memo is attached. Although he used the term "softball field development," the information in the report refers specifically to development of tee-balUtransitional fields with "skinned" infields. - I have recently been contacted by a local developer who has expressed interest in acquiring Lots 1-4, Block 1 for potential townhouse development. I bring this to Council's attention simply to inform you that there is interest in the property. The developer was informed of Council's possible interest in temporary ballfield use for some or all of the four lots. He indicated that he would remain interested in acquiring any or a11 of the lots now or at such time as the temporary city use ceases. . Should Council decide to acquire any or all of the four lots, funding from the Special Park Fund or whatever other funding source is available should be used to temporarily support at least a portion of the delinquent assessments. When the lots are ultimately sold, the purchaser will be required to fully pay all delinquencies. ACTION REOUIRED Council should discuss the desirability of temporarily acquiring property within Centre Pointe for ballfield development and direct staff on whether to request non-conservation classification for those lots which would be retained for temporary ballfield use i y June 2, 1995 Memo to: Kathy Swansan . From: Guy Kullander, Parks Project Manager Re: �oftball field development costs for Centre Painte Lots 1 thru 3 ROUGH ESTIMATE Assumptians: 1. Use only lots 1 thru 3, four is wooded 2. Field size; Max 180` along 1st and 3rd base lines, centerfield 210' 3. Parking. One field, park on street. Two or more fields require min. 2p stalls per field-gravel or bituminous 4. Infieids wiil be ag-lime 5. Ou�fields. Use existing soils. Regrade, roto�ile pickJremove racks, kill e�isting vegatatian, fertila.ze and seed. 6. Backstops, players benches and protective fence, permanent bases and faul poles (na permiter £ence) 7. One portapotie per field {max. 3 for 4 fields) 8. No landscaping. No bleachers. No ammenities. NO irrigation system. 9. Identification signage and regulations. Estimated cost ta prepare:one field would be $ 12 �0 15,000. two fields would be $25 ta 28,Q00. � three fields would be $ 35 ta 38,000. four �ieZds would be $ 45 to 48,4Q0. 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